Question: Constructive Trust in relation to land: - Constructive trust may arise in relation to land in three different ways: - First, by means of common
Constructive Trust in relation to land: - Constructive trust may arise in relation to land in three different ways: - First, by means of common intention: - Where the parties either from some agreement or by means of express discussions or they demonstrate a common intention to purchase the property jointly to the purchase price or the mortgage of the property. - By entering into a contract for the transfer of right in land: - there is an automatic transfer of that equitable interest in that land as soon as there is a binding contract in effect. The contract will have to be in writing, and all contain in one document signed by the parties containing all the terms of the contract. - Where for instance a joint venture has been created to exploit land when those negotiations have actually precluded the claimant from exploiting those land, a constructive will be imposed to keep out of the market. summarize this text
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