Nature of implied trusts


Question 1: What is meant by the term co-ownership of land?

Question 2: Illustrate the differences between realty and personality.

Question 3: What are the differences between fixtures and fittings and why is the distinction noteworthy?

Question 4: Describe the nature of implied trusts, by using case law to describe your answer.

Question 5: What are the major legal estates and interests which might exist in land?

Question 6: Helen owns a farm which she bought in the year 1980. Shortly after Helen moved in her neighbor Ivy started to take a shortcut via the farm into the nearby village. Ivy has continued to use this shortcut. At about the same time Ivy begin to park her car in the yard of the farm and again has continued to do this.

Some years ago Helen gave Jack (who lived three miles away) the right to collect apples from Helen’s orchard.

Pete’s house backs onto Helen’s farm. Pete plays football in his garden with his children and often goes onto Helen’s farm with Helen’s agreement to collect the children’s football.

What legal interests if any do Ivy, Jack and Pete have?

Question 7: Amy is an old lady who owns Cleveland House, a big house with a small cottage in the grounds.

Amy has employed Betty, a nurse, to take care of her and particularly to be available in times of emergency because of her poor health. Betty is living in the small cottage on the estate so she can look after Amy.

Amy’s nephew, Christopher, can’t afford anywhere to live whilst he is studying at university; therefore Amy lets him occupy the attic rooms at Cleveland House.

Amy told Christopher he could stay for the full three years of his course, paying £30 per week.
Set out definitions of leases and licenses and describe what interests each of Betty and Christopher might have.

Question 8: Describe the system of registration of title to land.

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Business Law and Ethics: Nature of implied trusts
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