LAND LAW Essay Example | Topics and Well Written Essays - 1500 words

LAND LAW - Essay Example It states above that the property was only registered in one name and therefore it would only require one signature for the sale or mortgage of the property1. This effectively means that Harry is entitled to mortgage the house without consulting with Ella. Subsection 2 lists the other interests or charges over the land that can be classed as legal interests and includes such things as easements2, rights of way, rentcharges3, legal mortgages4 and other similar charges. Under the Land Registration Act 1925 s5 the courts recognise the registered land as belonging to any person to whom the land has been registered as having an absolute title to that land5. This would effectively mean that Ella would not have a legal interest in the property. It is possible that she could argue that the money she paid towards the purchase of the house entitles her to a share of the property6. If Ella can show that she made a direct contribution to the purchase price the court would be free to concur that by her actions a resulting trust has been duly created7. The equitable presumption of resulting trusts is that a person who contributes to the purchase price of the land must have done so with the intention of acquiring an interest in that land in proportion to the amount that they have paid towards the purchase price8. If the courts can find that such an intention is to be inferred by Ella’s actions then they will give effect to the presumption thereby whilst recognising Harry as the legal owner of the property requiring him to hold the property on trust for Ella9. A resulting, implied or constructive trust†¦is created by a transaction between the trustee and the cestui que trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny the cestui que trust a beneficial