Land Law in Real Facts Essay Example | Topics and Well Written Essays - 1250 words

Land Law in Real Facts - Essay ExampleLast year, Bentley and Damian too died of the accident leaving the holding to Damians children because Bentley had left his property to his brother and Damian had left his shares of the property to his sons. Now Damians sons want the mob and evict Alice.A constructive trust comes into existence, regardless of any partys intent, when the law imposes upon a party an obligation to holds the specific property for another. The person obligated becomes by force of law a constructive trustee towards the person to whom he owes performance of the obligation (Donovan waters, p378).The said property, despite the fact that the children of Damian had legally inherited the property from their father, Alice may be considered as the strong equity possessor of the property. Alice has a strong estate and land interest in the property. This factor becomes significant when considering the question of unconscionability and applying the law of estoppel which prima rily operates in the form of constructive trust. Therefore, it is measurable to know thatUnder (Law of Property Act 1925 s 199(1)(ii)(a)), the occupant(s) of the property has major interests since it is implicit in Williams & Glyns Bank v Boland 1, Midland Bank v Dobson 2and Lloyds Bank v Rosset 3 that the beneficial interest (of the third parties) under this trust precedes the court order (Milney, 1997). It is an important consideration that belief knotty in proprietary estoppel cases can be in any rights in and over the property.In the last 47 years of her life with her partner Bentley, Alice of ensure that he would do the right thing by her which was also seconded by Bentleys brother, Damian, and co-owner of the house. The good intentions of the owners expressed verbally and the fact that she had been a resident of the house for more than 47 years, gave her the right to contest the will of Bentley and Damian.