The elements in order that a co owners possession may

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The elements in order that a co-owner’s possession may be deemed adverse to the cestui que trust or the co-owner are: 1.that he has performed unequivocal acts of repudiation amounting to ouster cestui que trust or other co-owners 2.that such positive acts or repudiation have been made known to the cestui que trust or other co-owners and 3.that the evidence thereon must be clear and convincing (Pineda, 2006)Article 1450. If the price of a sale of property is loaned or paid by one person for the benefit of another and the conveyance is made to the lender or payor to secure the payment of the debt, a trust arises by operation of law in favor of the person to whom the money is loaned or for whom its is paid. The latter may redeem the property and compel a conveyance thereof to him. Article 1451. When land passes by succession to any person and he causes the legal title to be put in the name of another, a trust is established by implication of law for the benefit of the true owner. NOTE: The article provides for a resulting trust there being a clear intention to establish a trust. The law refers to inherited land. There is no good reason why the principle cannot apply to personal properties (Pineda, 2006). Article 1452. If two or more persons agree to purchase property and by common consent the legal title is taken in the name of one of them for the benefit of all, a trust is created by force of law in favor of the others in proportion to the interest of each. NOTE: A resulting trust arises in the instant situation because of the intention to create one. The purchasers are co-owners of the property. In the absence of any specific agreement to the contrary, their shares are presumed equal (Pineda, 2006). Article 1453. When property is conveyed to a person in reliance upon his declared intention to hold it for, or transfer it to another or the grantor, there is an implied trust in favor of the person whose benefit is contemplated. NOTE: In this situation, an implied resulting trust is created because of the declared intention of the grantee or to another person (Pineda, 2006). Article 1454. If an absolute conveyance of property is made in order to secure the performance of an obligation of the grantor toward the grantee, a trust by virtue of law is established. If the fulfillment of the obligation is offered by the grantor when it becomes due, he may demand the reconveyance of the property to him. NOTE: An implied resulting trust is created in this situation. There is a clear intention to create a trust, although, it was not reflected in the deed of conveyance. This is like a sale with the right to repurchase, except that the right is not stated in the document. The seller is the benefiicary and the buyer, the trustee. When the seller offers to pay his obligation when due, the buyer must reconvey the property (Pineda, 2006).

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