... conveyed though words of severance.3 Yet whilst it is sensible and sometimes necessary, both to make wills, and also to be crystal clear about the precise agreement between the owners it is not obligatory to do so. There are exceptions to the rule contained in S53 (1) (b)4 and consequently non proprietary interest can take effect under the principle of implied trusts or under the doctrine of promissory estoppel, thus reflecting the curtain principle. However unless a conveyance in tenancy in common is devised from the start or an expressed right has been made, it will be difficult to determine to whom the equitable property should vest. But there is much caselaw to indicating that a court may still give rights to those presumed to be beneficially entitled. 5 Under a constructive trust, it is acknowledged that any interests in the land are based on the parties' mutual expectations and dealings.6Burgess V ...

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