Property law Essay Example | Topics and Well Written Essays - 2000 words - 2

Property law - Essay Example Besides, in law the husband and wife scenario brings about the presumption of a resulting trust. However, according to the obiter of Lord Diplock in the case of petit v petit, he articulated that the resulting trust presupposition is obsolete. This view appears to be the case in regard to the Court of Appeal’s ruling in regard to Barbara’s husband, given that there is no appropriate evidence to demonstrate that this opinion can not be refuted by Barbara as would be illustrated by this application. As an alternative, the Court of Appeal has formed a prejudiced state of affairs for Barbara’s husband in regard to his position as a husband and not permitting this plead would be a violation of his human rights laid down in the European Court of Human Rights as integrated by the Human Rights Act 1998 to a just trial Article 6(1) as well as discrimination in Article 14. Barbara’s husband made a full payment for the purchase of Sunrise Lodge. This creates a scenario where he is regarded as the sole owner of Sunrise Lodge. Nevertheless, as Barbara then contributed 30% to the overall total cost makes it legally acceptable for the couples to be considered as tenants in common in regard to the given purchase money. Moreover, by the virtue of providing money to the mortgage, Barbara’s intention meets the basic principle of equity whereby the resulting trust would be presumed. Eventually, Albert sold off Sunrise Lodge and used the proceeds to make a full purchase of another freehold property, Greengables of which the legal title was placed into the joint names of Albert, Barbara and Charles. The registration of the property under the names of all the three parties gives rise to joint tenancy of both the legal and equitable estates. The position at this stage was that both the equitable and the legal estates were held jointly by Albert, Barbara and Charles for he had attained the