Trust & Property Dispute Lawyers Perth
A general principle of trust and trust and property law is that any arrangement in relation to property ownership should be documented in writing and signed by the parties.
Disputes commonly arise over ownership of property where there is an undocumented or oral arrangement in relation to e.g. paying off the mortgage for a third party or the terms on which a person is residing in a property.
The absence of documentation in many of these types of disputes can be overcome by reference to “equitable principles” including equitable compensation constructive trusts, resulting trusts, and/or accounting for profit.
Templar Legal can assist parties seeking equitable compensation or declarations in relation to their ownership of property even though they are not legally named in the title of that property, provided they can “prove” the expenditure of monies on such properties.
These equitable principles can also be applied in business, in the sense that business owners can also rely on the principles of equity to enforce their rights and entitlements that legally they may have missed out on through poor documentation.