Introduction

In Topic 9 we consider the role of equity in recognising proprietary entitlements and how equitable doctrines are relevant in protecting and enforcing property rights, especially in relation to land. The topic discusses the application of resulting and constructive trusts in relation to property. Legislative reforms that have been introduced are also addressed. We conclude this topic by revisiting the important concept of estoppel. This topic builds upon the discussion in Topics 8 concerning the significant role played by Equity especially the concept of the trust in protecting property and enforcing property rights, with a focus on land. This topic builds on your understanding of equitable concepts generally with a specific application to interests in property.

Reading:

[APL] Ch 4, [4.107-4.172]

Objectives

After studying Topic 9 you should be able to:

• Explain and apply the equitable concept of a resulting trust in relation to interests in property;
• Be able to explain and apply the equitable concept of a constructive trust in relation to interests in property concerning common intention constructive trusts, unconscionable use of legal title and through important legislative reforms; and
• Be able to explain and apply the concepts of proprietary and equitable estoppel in relation to interests in property and how these doctrines are applied under Australian law in the modern period including remedies.

Summary

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Tutorial

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Version

This unit was last updated on 10.03.2019