Dyer v Dyer


Dyer v Dyer [1788] EWHC Exch J8, (1788) 2 Cox Eq Cas 92 is an English trusts law case which held that where property is purchased by one person in the name of another there is the presumption of a resulting trust.

Facts

A person provided money to purchase a legal estate in land in the name of another person, and there was no evidence that the purchaser intended to advance a loan or make a gift. It was therefore assumed that the legal title holder holds the property on resulting trust for the person who provided the funds.

Judgment

Eyre CB stated "the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchasers and other jointly, or in the names of others without that of the purchaser; whether in the one name or several; whether jointly or successive - results to the man who advances the purchase-money".

Comments

  1. Shamsul Alam26 March 2023 at 08:46

    Belize Real Estate & most of all Ambergris Caye Real Estate have seen a boom over recent years. Most of the buyers are people looking at living and/or investing overseas. This is seen by the growth in Belize real estate transactions over recent years.

    ReplyDelete

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