This originally appeared on the SGR Blog.
First year law school students often take a course about equitable remedies, one of which is the imposition by the Court of a “constructive trust”. The remedy is almost always intensely fact sensitive because the disputes often arise out personal relationships and undocumented special circumstances without the formalities of a contract. A recent example follows:
From 2000 until 2017, Michael Baker and Anna Harrison were in a long-term romantic relationship. During their relationship, they ran a timber harvesting business for which various equipment was purchased. By deed dated March 7, 2017, a 4.66-acre parcel of undeveloped land on State Route 9 in the Town of Chester, Warren County, was transferred by its owner to Harrison for $3,500. The deed was not recorded.Continue reading