Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 14.3 (Part 1)

Approaching the Question

The suggested answer contained in these pages is designed to illustrate how to answer Exercise 14.3 whilst also helping you to develop your problem answering skills.

  • It is only an illustration. There is no one right way to answer any question.
  • It is in note form – you need to develop and practice your own style of answering questions.
  • Questions of this type are concerned with whether one or more of the parties has acquired an interest in the land. There are three main ways in which this can occur:
    • a resulting trust;
    • a common intention constructive trust; or
    • a proprietary estoppel.
  • To successfully answer a question of this type, it is essential that you:
    • advise the parties as to what type of interest they have (or do not have), and
    • quantify their interests, or at least indicate what further information the court would need to do this.

Before you go to the next page, make notes under the following headings:

  • What issues are raised by these facts (what does Lena want to know)?
  • What rules will you need to use to answer Lena’s questions?