Which Trusts Must Comply with S.53(I)(b) of the LPA 1925?

Question from MILL, Which Trusts Must Comply with S.53(I)(b) of the LPA 1925?

Answer from AI:

The Law of Property Act 1925 (LPA 1925) in the UK requires that certain types of trusts of land be manifested and proved in writing and signed by the settlor to be enforceable. This requirement is outlined in Section 53(1)(b) of the Act. Let’s explore which types of trusts must comply with this requirement.

Types of Trusts and Compliance with S.53(I)(b)

• Express Trusts of Land: These trusts are intentionally created by the settlor, usually through a written document. According to S.53(1)(b), express trusts of land must be in writing and signed by the settlor to be enforceable. Therefore, option d. Express trusts of land must comply with this requirement.
• Constructive Trusts of Land: These arise by operation of law, often in situations where it would be unjust for the legal owner to deny the beneficial interest of another. Constructive trusts do not need to comply with the writing requirement of S.53(1)(b). Therefore, option b. Constructive trusts of land does not need to comply.
• Resulting Trusts of Land: These occur when property is transferred to someone who pays nothing for it, and it is presumed that the property is held in trust for the person who provided the purchase money. Resulting trusts are also not subject to the writing requirement of S.53(1)(b). Therefore, option c. Resulting trusts of land does not need to comply.
• Any Trust of Land, However That Trust Arises: This option is too broad and does not specifically address the requirements of S.53(1)(b). Therefore, option a. Any trust of land, however that trust arises is not accurate.

Direct Contribution and Resulting Trusts

Q2: Does a Direct Contribution Always Presume a Resulting Trust?

The statement that a direct contribution to the purchase price of a property will always give rise to the presumption of a resulting trust is False. While a direct financial contribution can lead to a presumption of a resulting trust, this is not automatic and can be rebutted by evidence showing a different intention, such as a gift or loan.

Presumption of Advancement

Q3: Which Relationships Apply to the Presumption of Advancement?

The presumption of advancement traditionally applies to certain familial relationships where it is presumed that a transfer of property is intended as a gift. The following relationships are typically recognized:

• Father and Child: Historically, this relationship has been recognized under the presumption of advancement. Therefore, option b. Father and child applies.
• Husband and Wife: This relationship is also traditionally recognized. Therefore, option c. Husband and wife applies.

The presumption does not typically apply to:

• Mother and Child: Historically, this relationship has not been recognized under the presumption of advancement. Therefore, option a. Mother and child does not apply.
• Brother and Sister: This relationship is not recognized under the presumption of advancement. Therefore, option d. Brother and sister does not apply.

Establishing an Express Common Intention Constructive Trust

Q4: What Evidence is Required?

To establish an express common intention constructive trust, the claimant must provide evidence of the following:

• Discussions of Intention: Evidence of discussions between the parties about their intention to share the equitable ownership of the property is crucial. Therefore, option a. Evidence of discussions between the parties is required.
• Detrimental Reliance: Evidence that the claimant has acted to their detriment, believing they will acquire an interest in the property, is necessary. Therefore, option b. Evidence that the claimant has acted to his or her detriment is required.

The following are not typically required:

• Written Agreement: While helpful, a written agreement is not necessary to establish a constructive trust. Therefore, option c. Evidence of a written agreement is not required.
• Third Party Witness: Evidence from a third party witness is not typically required. Therefore, option d. Evidence from a third party witness is not required.

For personalized legal advice, it is recommended to consult with a legal professional. For more information, you can refer to the [Law of Property Act 1925](https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/contents) and other legal resources.