Land - Licences & Proprietary Estoppel - Notes (1)

Constructive trust: by expressed common intention or by conduct (contribution to purchase price or mortgage right at the start – later contribution doesn’t count; OR relationship started before the acquisition of the land – instead of one being a registered owner of some land already)

Base licence: can be revoked with reasonable time of notice (contrasted with contractual licence and estoppel licence)

Court’s practice: reluctant to give effect to promises which will force people whose relationship have broken down to live together; instead, damages / compensation will be ordered

Distinguish Proprietary Estoppel from Constructive Trust
- Both are equitable means: there are convergences of 2 doctrines
- However, proprietary estoppel is:
- Unilateral
- Promise of future land,
- Promisor being taken care of
- Ranges of remedy
- More flexible
- While constructive trust is:
- Mutual
- Agreement of sharing beneficial ownership of land
- Claimant will get what is agreed, nothing more
- What needs to be proved and what the remedy is are different for proprietary estoppel and constructive trust
- LP(MP)A s2: requirement of formality of contract in writing does not apply to constructive trust