Implied Co-ownership - Constructive Trusts - Detriment or alteration of position
3 important questions on Implied Co-ownership - Constructive Trusts - Detriment or alteration of position
Would non-legal owners have acted to their detriment if the agreement with the legal owners did not exist? What does the case of Grant v Edwards say about this?
The non-legal owner must have relied on the agreement, arrangement or understanding to their detriment or altered their position. In Grant v Edwards it states that the non-legal owner would not have acted to their detriment without an agreement with the legal owners.
Does acting to your detriment include other motives such as love and affection for the legal owner?
In Grant v Edwards it draws a distinction between other motives such as love and affection for the legal owner and an agreement that shows that the non-legal owner will acquire a share in the property.
Is mere decoration sufficient to act to the detriment of the non-legal owner in Lloyds Bank v Rosset?
The wife did not contribute to the purchase price but decorated the property. It was held that redecorating the house was not a sufficient detriment to give the wife an equitable interest.
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