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    I am really struggling with the following land law assessment that I've been set, any help would be much appreciated be it how to structure the answer, what info it is wanting or relevant case law.

    Thanks for your help x

    Question:


    Howard and Roslyn, who are married, live in Spelman House, Sheffield, with their two children, Myla and Jeff.
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    The freehold to Spelman House was registered at HM Land Registry with Title Absolute in January 2005, legal title being conveyed into Howard’s sole name. Howard and Roslyn each paid £50,000 of the £180,000 purchase price, the remaining £80,000 being provided by a mortgage secured against Spelman House. The mortgage is in Howard’s name alone and he has paid all of the repayment instalments. Roslyn, who gave up her job when she became pregnant with Myla, has since devoted her time to bringing up the couple’s children and looking after the house.
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    In October 2010, the company Howard works for relocated to Watford, which means that he now faces a lengthy daily commute. Howard therefore proposes to sell Spelman House and use the proceeds to purchase a house in Watford for himself and his family.
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    Despite Howard’s attempts to convince her, Roslyn is adamant that she is not willing to move. One of the reasons Roslyn is particularly reluctant to relocate is that her mother, Lavinia, has recently undergone a serious operation. Rosyln and the children have therefore gone to stay with Lavinia whilst she convalesces.
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    Advise Howard, who wishes to proceed with the sale, and Roslyn, who is determined to remain living at Spelman House.
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    What I am really struggling with is whether or not to talk about resulting trusts- what the wife paid initially toward the house or constructive trusts and also overriding interests and in actual occupation. Finding it really hard to get my head around it so any help much appreciated x
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    There's two primary issues relating to resulting/constructive trusts as they arise in this problem. First, the typical presumption is that fiscal contribution towards the purchase price of property leads to a resulting trust in the proportionate amount. This is a rebuttable presumption. Second, you need to consider the move in Stack v Dowden towards applying constructive trusts and looking at all the available evidence. Which of these sorts of implied trust is more likely to exist?
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    Agree with the above. Once you work out whether you think there's a resulting/constructive trust or not you're also going to want to look at whether H can sell the house anyway. So this will mean looking at the rights of a beneficiary of a trust in land - does their interest need to be registered, do they have an overriding right, can H overreach their right?
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    Its important with this kind of question that you approach it from a wide angle and consider all the issues, don't put blinkers on

    Imagine you are a solicitor and Rosalyn is your client. What does she actually want? She wants to know what she'd get if the house was sold, sure, but most importantly she doesn't want it to be sold in the first place...

    So Res/Cons trusts are not the most important issue. (though undoubtedly they are an issue). R almost certainly has a proportionate-to-50k interest under a resulting trust, you need to state/explain this but nto go into any depth. What she needs Stack for is to claim a share larger than this, i.e. the shares that under a resulting trust analysis H would hold because he is the one that paid off the mortgage.

    Overriding interests are relevant and reasonably important if H goes and sells the house willy-nilly and Rosalyn wants to stay living there, but what is more likely is that H would apply for an order under TOLATA (or Rosalyn can apply for one saying house can't be sold if I recall correctly). This is the most important issue... whether a court would order that the house is sold or not under the relevant part of TOLATA
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    im also doing this question lol..

    you also need to concider that there are children involved, and even though it doesnt state their ages you have to take into account under s.15 (1) (c) the welfare of any minor use the case of Re Eves trust 1980.. good luck i still havent finished mine and it has to be in on friday xxxx
 
 
 
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