The following Private Client Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:
A resulting trust is a form of trust recognised in equity which is implied or presumed out of the presumption of the parties. Normally, if A provided the money to buy Blackacre which is transferred into the name of B, a resulting trust will be presumed in favour of A. For more information, see Practice Note: Resulting trusts.
A constructive trust is another species of presumed or implied trust and in circumstances such as this will arise out of the common intention of the parties that A was to have an interest in the property acquired. A constructive trust most frequently arises in the circumstances where a property is acquired for two people to live in but is transferred into the name of only one of the parties. See Stack v Dowde
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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