- Constructive trust of real property—express agreement between beneficiaries pre-acquisition (Archibald v Alexander)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: Where parties had agreed that property would be acquired and held by some of them as trustees for themselves and others, and the property was duly so acquired and transferred, no further detriment was required on the part of the parties who were not transferees in order to give rise to a constructive trust in their favour. The conscience of the transferees who had entered into that agreement was bound and they could not avoid the trust. Written by Mark Dubbery, barrister and mediator at Pump Court Chambers.
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