Trust Property Law Term Paper Example | Topics and Well Written Essays - 2500 words

Trust Property Law - termination Paper ExampleLaw of equity and trust confers the provision regarding the trust. It laid down several duties and responsibilities for the trustees. Moreover, at that place are provisions like co-ownership, proprietary estoppels, fiduciary relationship etc. Apart from this, one of the fully grown features of trust is, it can be raised from either trust deed/covenant as utter before or by the Will, i.e. a testamentary trust is a trust created by a Will or a codicil to a Will. A testament is a Will. of or includes lend and the trustees of such(prenominal) a trust are trustees of land. Any description of trust includes an implied resulting or constructive trust and a bare trust. (1) An implied trust is based on the presumed intention of the parties at the time the property is acquired by the resulting trustee. That is the stratum at which the contributors beneficial interests crystallize. The beneficial shares are unaffected by subsequent conduct. Th is scope of implied trust has been rightly explained in Cowcher v Cowcher (2). Moreover, a trust can be defined as a land which includes land of any tenure and property divided either vertically or horizontal (as in the case of a block of flats) and easements but does not include an undivided share in the land. (3)Now we shall inspect how far the scope of trust of land and its various ingredients willing help to analyze the issues brought up in the given problem.Before deciding the rights of Ayesha and Ben in the property, the meaning and significance of the concept co-ownership and beneficial joint tenants are to be explained. Beneficial joint tenantsCo-ownership (4) is where a person is entitled to hold the land together with others who have synchronic interests at the same time they are said to hold concurrently. Where ever there is co-ownership there will be a trust of land. There are 2 types of co-ownership 1. Trust of land and Appointment of trustees serve 1996, sub-secti on (1) (a) 2. Cowcher v Cowcher 1972 1 WLR 425 (CA) 3. Law of property 1925 Act, Section 205(1) (ix)4. Law of Property Act 1925, Sec 1