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Equity
- Development of trusts from land being held for crusaders or monks
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Trustees hold legal title
- Recognised in common law
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Beneficiaries hold equitable interest
- Recognised in equity
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Bona fide purchaser rule
- Equity allowed beneficiaries to enforce interests against third parties
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But not 'equity's darling'
- Bona fide purchaser for value without notice
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Must be purchaser of legal interest
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Includes mortgagee
- Kingsnorth Trust Ltd v Tizard [1986]
- Did not make sufficient enquiries
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Without actual, constructive or imputed notice of the equitable interest
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Constructive
- Would have discovered if made reasonable enquiries
- Lower standard for personalty
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Imputed
- Eg if solicitor had knowledge
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Trusts
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Express
- Need not be in writing
- But generally set out in deed or trust instrument, or will
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Resulting
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Held for settlor
- S has failed to dispose of entire equitable interest
- S makes voluntary transfer of money or asset
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Constructive
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Examples
- Trustee makes personal profit
- Third party acquires trust property improperly
- Cohabitee pays towards house but one party holds legal title