2

I am quoting two Oxford University Law professors. Aruna Nair wrote

Thus, while a trust of land may be created orally, a beneficiary will not be able to enforce any interest under it unless the trust is evidenced in writing. The trust will be valid, but unenforceable.3

Ben McFarlane wrote, in reference to LP(MP)A 1989 s. 2

Under s 2 of the 1989 Act, no contract exists unless and until formality requirements are fulfilled. There is no concept of a contract being valid, but unenforceable. 4

  1. How can a trust be valid, but unenforceable? This feels like a contradiction!

  2. Why can a trust — but not contracts — be valid, but unenforceable?

3 Textbook on Land Law 2020 18th edn, p 292. 4 Land Law Text Cases Material 2021 5th edn, p 252.

4
  • 1
    The old common-law maxim was "*There is no right without a remedy." meaning that where the law did not provide a remedy, it was meaningless to speak of there being a right. However it may be that statute law has changed this. May 11 at 4:58
  • lawteacher.net/free-law-essays/property-trusts/… - "Although trusts may be created either expressly or indirectly, when the trust involves land, it must be created expressly and comply with certain formalities, for the trust to be legally enforceable"
    – Richard
    May 15 at 11:21
  • 1
    @Richard Can you pls simplify your comment? I do not understand it at all. How does it answer my question?
    – toiv
    May 22 at 6:53
  • 1
    @Richard Can you pls simplify your comment? I do not understand it at all. How does it answer my question?
    – toiv
    May 22 at 6:53

0

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