JSB171 Lecture Notes - Lecture 1: Dunlop Rubber, Specific Performance, Pacific Steam Navigation Company
Document Summary
Creation of express trusts: the trustee must have the title to the trust property, where the trustee acquires the property, the proper writing and form requirements must be adhered to, in order to perfect a valid transfer. The trustee will gain the property through assignment (transfer) of the property. Assignment = the immediate transfer of an existing proprietary right, vested or contingent, from the assignor to the assignee: norman v federal commissioner of. Creation or disposition of an interest in land. Declaration of trust disposition of s 11(1)(c) subsisting equitable interest or trust. Or no requirements at all, depending on the circumstances. Actual writing v evidential writing: actual writing. : an agreement/deed/document creating the trust: contemporaneous (at time of transfer, evidenced in writing. Types of equitable assignment: declaration by full owner that holding as trustee for third party. O [ b] (trust created by declaration: direct assignment by full owner to trustee for third party.
