In Stack v Dowden, Baroness Hale said that an express declaration of trust in an assignment to co-owners is conclusive as between the parties. She went on, however to say that the declaration could be varied by subsequent agreement or be affected by proprietary estoppel (Stack, [49]). The question in Nilsson v Cynberg ([2024] EWHC 2164) was whether the subsequent agreement in question had to satisfy the formalities requirements of the Law of Property (Miscellaneous Provisions) Act 1989 (or of section 3 of the Conveyancing and Property Ordinance in Hong Kong) … (more)
[Hong Kong Land Law Blog, 16 October 2024]
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