WebFeedback: C is the correct answer. The requirement of writing is now embodied in s 53(1)(b) of the Law of Property Act (LPA) 1925 which provides that a declaration of trust respecting land or an interest in land must be manifested and proved by some writing signed by some person able to declare the trust. Incorrect. Feedback: C is the correct ... WebApr 6, 2010 · S.53 (1) (b) Law of Property Act 1925 requires the declaration of trust to be evidenced in writing and signed by the person declaring the trust. The written declaration must contain the material terms of the trust: Smith v Matthews (1861) 3 De GF & J 139 Case summary However, see the rule established in Rochefoucauld v Boustead:
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WebNov 9, 2016 · Section 53 (1) (b) of the Law of Property Act 1925 provides that ‘a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will’. WebIf it had been an express trust, it would have been unenforceable under s 53(1)(b) Law of Property Act 1925 - but constructive trusts are exempt from s 53(1) by s 53(2) of the Act. Incorrect. Feedback: C is the correct answer. In Ottaway v Norman an oral secret trust of land was upheld indicating that such a fully secret trust is a constructive ... postauto kiental
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WebSep 10, 2024 · Under s 53 (1) (b) of the LPA 1925, a trust can only be created where the trust instrument has been expressed in writing. However, a resulting trust can be found where the law finds that a person should be entitled to a share in land as a result of a contribution made to the purchase price or the mortgage deposit. WebFeb 18, 2011 · Section 53 (1) (c) of the 1925 law of property act states that a “disposition of an equitable interest or trust subsisting at the time of disposition must be in writing signed by the person disposing of the same, or by his agent … WebBefore 1925 there were several legal estates in land. Since 1st January 1926 the only estates in land which are capable of subsisting or of being conveyed or created at law are-(s. 1 (1) Law of Property Act 1925) (a) an estate in fee simple absolute in possession; (b) a term of years absolute. The Fee Simple Absolute in Possession (Freehold) (s. 1 (1) LPA … postauto pässefahrt