Litigating Constructive Trusts
Author | : Paul Golden (Lawyer) |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
ISBN-10 | : 1639051627 |
ISBN-13 | : 9781639051625 |
Rating | : 4/5 (27 Downloads) |
Download or read book Litigating Constructive Trusts written by Paul Golden (Lawyer) and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Constructive trusts represent one of the ultimate balancing acts. On the one hand, society needs specifics about when someone has crossed the line and has taken something they are not entitled to. More critically, in the context of real property, hundreds of years of precedent indicate that no one can claim that they were given an interest in real property without a signed writing to that effect. On the other hand, judges wish to provide equity, and if they believe someone has been taken advantage of, and had their property taken in a way that does not fit any traditional tort, then a constructive trust can come to the rescue"--