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Resulting trust is one type of implied trust. It arises where payments towards the purchase price were made at the time of the acquisition of the property. This was evident in Bull v Bull [1955] where a mother and son bought a house together, with both contributing to the purchase price, but the conveyance was to the son alone. He held the legal estate on a resulting trust for himself and his mother.

Equity presumes that the intention is that the legal estate will be held on a trust of land with the contributing parties taking beneficial interests in proportion to their contribution to the purchase price. This presumption is rebuttable on evidence to the contrary. For example, the contribution may be a gift.

A resulting trust does not arise when the contribution consists of payments of mortgage instalments or other expenses after the purchase has been made (Curley v Parkes [2004]). Such payments could give rise to a constructive trust.

The value of the beneficial interest under a resulting trust is based on the proportion of the contribution. A 20% contribution on purchase will entitle a beneficiary to 20% of the value on sale.

Constructive trusts are also a type of implied trust and arise in relation to land where there is either:

•an express common intention, that is, there is evidence that the parties had actually expressed an intention to share the ownership of the property or

•an inferred common intention, that is, where the court will infer a common intention based on the conduct of the parties.

In both cases it must be shown that the party claiming the interest acted in reliance on the promise to his detriment.

Express common intention and detriment can be found in Eves v Eves [1975] and Grant v Edwards [1986].

In cases where the court cannot find any evidence of express common intention, it may infer a common intention from the conduct of the parties.

The courts set the bar higher in these cases, such that the claimant (the non-legal owner) must show a greater degree of contribution in order to prove, to the satisfaction of the court, that a common intention should be inferred. For example, a mere contribution to household expenses is insufficient to infer a common intention that the claimant should have a beneficial interest in the property (Gissing v Gissing [1970]).

What is resulting and constructive trusts?

From what I can understand in your question, it will be the land registry. If the property in this context is unregistered freehold land then the individual will need to make a first registration under the provisions of the Land Registration Act 2002

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