Implied trust - land law - Essay Example

Section 53(1) (b) of the Law of Property Act 1925 (LPA)1, mandates that parties in these family unions must have their intentions expressed legally. Contrary, most cohabiting couples rarely do have their intentions expressed legally in regards to their family home. It furthers the problem that arises in the division of the property during break ups. This situation has, therefore, made the honourable courts rely on other legal frameworks that might be relevant to the issue. Law of equity and trusts have, therefore, been embraced by the courts as the sober and efficient frameworks to help in solving such issues.

Notably the courts under section 53(2) of the Law of Property Act, do bestow upon themselves the discretionary powers whilst handling such cases. The law on trusts provides an extensive and reliable legal framework with which the honourable courts can use to divide the marital property. This is usually much easier in civil partnerships that whereby the necessary legal intentions have been laid down vividly. Complexion of issues usually arise whereby the cohabitee decides to make a claim in the beneficial interest in the case of a sudden separation of the couples.

Courts are expected to strictly follow the existing laws to the latter and not to allow the intrusion of other unnecessary and devoid external factors. The law is subject to the upholding of the legal frameworks. If this is not adhered to, the outcomes of the cases may occasion a complete error in the law. As embraced, outcomes of cases are expected to be in line with earlier judicial precedents to create certainty and soberness in the application of these laws. Application of such external factors e.g. emotions may lead totally to different and unreliable outcomes.

The courts first instance is usually to establish whether there was an existing express agreement between the parties as to the beneficial interests in their joint property. Notably, if such an express agreement