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Property Law: Assignment 1 2002/2003. Amandeep Singh Gahunia. LLB 2nd Year. Despite Augusta not being party to any valid express declaration of trust1, she may establish a beneficial interest by proving a constructive or resulting trust.2 By contributing her savings of £25,000, Augusta has acquired an equitable interest in 'Old House', which is registered under the name of Wilson. The fact that another person, Augusta, has established an equitable interest means that in equity the property is co-owned. Thus, a trust of land is in existence where Wilson holds 'Old House' on trust for himself and Augusta in equity3; there is one trustee of the land and two co-owners in equity. Therefore, as Wilson is the only trustee, Savequick Bank cannot rely on overreaching to give them priority over any equitable owners, with the bank being bound by Augusta's equitable interest according to the rules of registered land (to be discussed later),...

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