Property was acquired by joint owners to provide accommodation for both joint owners. That purpose would be defeated if one of those acquiring the property were to insist on a sale while that purpose was still subsisting. The value of a joint interest in a house when calculating benefits entitlement was the market value of … Continue reading Chief Adjudication Officer and Another v Palfrey; Same v Dowell, Same v McDonnell: CA 17 Feb 1995
The wife and her second husband occupied a property in the joint names of herself and of her first husband, who, following their divorce, had applied under the Act of 1973 for a lump sum order reflective of his equal beneficial interest in it to be made against her. Following her remarriage the wife countered … Continue reading Tee v Tee, John Arthur Hillman Co: CA 22 Mar 1999
The parties were joint owners as tenants in common in equity of land. Each appealed orders with regard to its sale, and the division of the proceeds. The parties had bought the property intending to cohabit. They had contributed unevenly, and the claimant had subsequently contributed to repay part of the capital of the mortgage. … Continue reading Collier v Tugwell: CA 22 Jan 1999
The claimant appealed an order that a house was to be held in equal shares with her son. The house was registered in their joint names, but the transfer contained no declaration of the interests. The house had been originally bought by the mother and father and the son whose name was put on the … Continue reading Crossley v Crossley: CA 21 Dec 2005
Renewed application for permission to appeal against order under the 1996 Act. Judges: Chadwick LJ Citations: [2001] EWCA Civ 1808 Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 14(2) Jurisdiction: England and Wales Trusts, Land Updated: 15 October 2022; Ref: scu.218545
The parties lived together. They acquired between them several properties of which the last was declared to be held as joint tenants. The relationship broke down. The parties now sought a declaration as to the destination of the proceeds of sale, the man having contributed the vast part of the costs. She replied that the … Continue reading Clarke v Harlowe: ChD 12 Aug 2005
The parties purchased a property together. The transfer contained a survivorship restriction but no declaration of the beneficial interests. The judge had held the property to be held as tenants in commn on equal shares. Held: In a case where the property has been transferred into joint names, it can usually be taken for granted … Continue reading Stack v Dowden: CA 13 Jul 2005
The claimant sought to assert her interest in a house purchased by a company in debt to the respondent for whom she had worked and with whom she had had a relationship. The company was insolvent. She claimed he had promised her a house, and that it had been purchased under that promise, and that … Continue reading Chan, Chun v Leung, Ho: CA 29 Jul 2002
The trustee in bankruptcy appealed against rejection of his claim for the sale of the home in which the bankrupts each held a one half share. The bankruptcies arose from non payment of council tax. The principle sums had been repaid, and the outstanding matters were the trustee’s costs. The bankrupts had not co-operated, and … Continue reading Everitt v Budhram and Another: ChD 20 May 2009
The unmarried couple bought a property together. Mr K appealed against an award of 90% of the property to his former partner. The court was asked, whether, following Stack v Dowden, it was open to the court to find that the parties had agreed that their interests should be ambulatory and held unequally. Held: (Jacob … Continue reading Kernott v Jones: CA 26 May 2010
The court was asked the extent to which a beneficial tenant in common who continues in occupation of a property following the bankruptcy of the other beneficial tenant in common ought to compensate the bankrupt’s estate for that continued occupation. Held: The 1996 Act did not provide an exhaustive regime for determining rights as between … Continue reading French v Barcham and Another: ChD 4 Jul 2008
The claimant asserted an interest in several properties by virtue of a common intention constructive trust or by proprietary estoppel. The parties had been engaged to be married. Held: ‘A [constructive] trust arises in connection with the acquisition by one party of a legal title to property whenever that party has so conducted himself that … Continue reading Van Laethem v Brooker and Another: ChD 12 Jul 2005
The unmarried parties had sought an order from the court as to their respective interests in their former family home. Held:The judge had been incorrect to make his decsion based on the principles of equitable accounting. He should have used the 1996 Act. Lightman J summarised the effect of the 1996 Act: ‘section 12 of … Continue reading Murphy v Gooch: CA 27 Jun 2007
Judges: Lord Justice Thorpe Lord Justice Laws Citations: [2006] EWCA Civ 497 Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 Jurisdiction: England and Wales Trusts Updated: 06 July 2022; Ref: scu.241398
Citations: [2006] EWCA Civ 363 Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 14(2)(b) Jurisdiction: England and Wales Trusts, Land Updated: 05 July 2022; Ref: scu.240093
The bankrupt had been discharged from his bankruptcy, but his share in the family home remained vested in the trustee who applied for the sale of the home. His wife applied to set aside an order for sale on the basis that it interfered with her right to family life. Held: Previous decisions had not … Continue reading Nicholls v Lan and Another: ChD 26 May 2006
Citations: [2002] EWCA Civ 1249 Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 Jurisdiction: England and Wales Trusts, Land Updated: 21 June 2022; Ref: scu.217278
Citations: [2001] EWCA Civ 872 Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 15 Jurisdiction: England and Wales Trusts, Land Updated: 13 June 2022; Ref: scu.201139
The parties to the marriage owned a property which they had extended. The relationship deteriorated, and the mother sought an order under the 1996 Act. The mother left the home, and the father cared for the children. He sought orders under the 1989 Act for the transfer of the property. Those proceedings were made subject … Continue reading White v White: CA 19 May 2003
The claimant had an equitable charge over the property, and sought a possession order after failures to keep up repayments. The order was sought under the Act, and the claimants asserted that the conditions for the grant of possession were unchanged. Held: Parliament had clearly intended a change. The interests of a chargee ranked alongside … Continue reading Mortgage Corporation Ltd v Shaire and Another: ChD 25 Feb 2000
Two doctors in partnership held and occupied premises under a trust of land. After the break up of the partnership and practice into two, they sought to decide what was to happen to the premises. Rules would prevent the sale of the property. The building leant itself to a division under which one party could … Continue reading Rodway v Landy: CA 4 Apr 2001
One of two joint tenants was able to give a notice to quit a joint periodic tenancy, without first referring to the co-tenant. If this was inappropriate, then it was for Parliament to change the law. Such a notice was not the exercise of a ‘function’ relating to the land within the Act, and accordingly … Continue reading Notting Hill Housing Trust v Brackley and Another: CA 24 Apr 2001
Property was transferred into a divorcing husband’s name, and his new partner signed a form disclaiming any rights as against the lender. After possession proceedings, she later asserted that her consent had been obtained by the undue influence of her partner and that her equitable interest was an overriding one. The applicant applied to amend … Continue reading Alliance and Leicester Plc v Slayford and Another: CA 12 Oct 2000
Citations: [2018] EWHC 1672 (Ch) Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 Jurisdiction: England and Wales Land, Trusts Updated: 24 April 2022; Ref: scu.618985
Proceedings in the Family Division were anonymised after the proceedings had been compromised, even though an earlier application for anonymity had been refused. Judges: Mostyn J Citations: [2012] EWHC 1679 (Fam) Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 14 Jurisdiction: England and Wales Cited by: Cited – XXX v Camden … Continue reading W v M (TOLATA Proceedings: Anonymity): FD 25 Jun 2012
Appeal from order refusing extension of lease. Judges: Birss J Citations: [2017] EWHC 1556 (Ch), [2017] WLR(D) 446 Links: Bailii, WLRD Statutes: Trusts of Land and Appointment of Trustees Act 1996 Jurisdiction: England and Wales Landlord and Tenant Updated: 27 March 2022; Ref: scu.589950
Judges: Mr Justice Moor Citations: [2021] EWHC 3086 (Fam) Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996, Matrimonial and Family Proceedings Act 1984 Part III Jurisdiction: England and Wales Family, Trusts Updated: 03 February 2022; Ref: scu.669920
UTLC LANDLORD AND TENANT – covenants — Commonhold and Leasehold Reform Act 2002 s.168(4) — alleged breach of covenant against parting with possession without consent — completion of sale of flat by execution of transfer of registered underlease and payment of price — assignee not yet registered as proprietor at Land Registry — whether a … Continue reading Reiner and Another v Triplark Ltd: UTLC 6 Jan 2017
Application for declaration that deed of gift of share of house was void for lack of mental capacity in the donor. Judges: Garnett J Citations: [2003] EWHC 742 (Ch) Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996 Jurisdiction: England and Wales Land Updated: 28 January 2022; Ref: scu.431759
The defendant H appealed against a refusal of a stay of the action under the 1996 Act on the basis of Brussels I. Held: The appeal failed. Article 22 was to be narrowly construed, and it should be no wider than is needed to satisfy the objective of the provisions. However, the costs order had … Continue reading Magiera v Magiera: CA 15 Dec 2016
Application for sale of home in London. The husband disputed that he was domiciled iin England and not in Poland. Bodey J [2015] EWHC 2101 (Fam), [2016] Fam Law 454, [2016] 4 WLR 22, [2016] WLR(D) 26 Bailii, WLRD Trusts of Land and Appointment of Trustees Act 1996 England and Wales Family Updated: 22 January … Continue reading G v G: FD 6 Jul 2015
The land owner appealed from an order of the court as to land held under a co-ownership arrangement between three people. The order was for the sale of the property with the first option being given for the purchase of the property. It was said that the court had no jurisdiction to make such an … Continue reading Bagum v Hafiz and Another: CA 22 Jul 2015
W sought to challenge transactions entered into by H anticipating ancillary relief proceedings on their divorce. Nicholas Mostyn QC J said: ‘While of course no rigid rule can be expressed for the infinite variety of facts that arise in ancillary relief cases, I would have thought, generally speaking, that it would be very difficult for … Continue reading Rossi v Rossi: FD 26 Jun 2006
The former bankrupt resisted sale of his property by the trustee, saying that enforcement was barred by limitation. He and his wife bought the property in early 1988, and he was made bankrupt in October 1988. He was dischaged from bankruptcy in October 1991. In December 1990 the court answered an application for the sale … Continue reading Gotham v Doodes: CA 25 Jul 2006
Saini J [2021] EWHC 2971 (QB) Bailii Trusts of Land and Appointment of Trustees Act 1996 England and Wales Trusts Updated: 05 December 2021; Ref: scu.669931
The court was asked whether, where the convicted person is one of a number of registered owners of land, each of whom has a beneficial tenancy in common in the land, and the land cannot be sold, mortgaged or leased without the consent of all the proprietors, the convicted person’s beneficial interest has any value … Continue reading Modjiri, Regina v: CACD 22 Apr 2010
The authority was required to provide housing to the minor applicant, but she was too young to hold a legal estate. An equitable lease had been created, and she now appealed against an order for possession having broken the terms of the agreement, saying that the authority was in practice trustee for the tenant, and … Continue reading Alexander-David v London Borough of Hammersmith and Fulham: CA 1 Apr 2009
The married couple owned a property as tenants in common. The husband had moved out and, anticipating divorce proceedings, sought an order for the sale of the house citing his inability to sustain the very considerable mortgage payments. The wife said that it was inappropriate to use the 1996 Act when divorce proceedings were anticipated. … Continue reading Miller Smith v Miller Smith: CA 2 Dec 2009
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
H and W, though very elderly, set out for a divorce. A former son-in-law now appealed against a costs order made against him as an intervener under the 1996 Act. The parties disputed his right to appeal without permission. Held: Under the Family Rules, no consent would be required. 1996 Act proceedings would not be … Continue reading Baker v Rowe: CA 6 Nov 2009
The parties were not married, but had brought together their resources to purchase a home in the name of one of them. Nothing had been said about the respective shares on which the property was to be held. Held: The shares were to be assessed as at the time of the sale, not the time … Continue reading Oxley v Hiscock: CA 6 May 2004
The parties were unmarried but had lived together. They now disputed the shares in which they had held the family home. It had been bought in joint names, but after Mr Kernott (K) left in 1993, Ms Jones (J) had made all payments on the house. She . .
The couple were unmarried but had bought a property in joint names. Ms Jones had contributed the overwhelming share of the purchase price, and had paid all outgoings after Mr Kernott left several years ago. The County court judge had awarded J 90%, . .
Appeal from order for sale of substantial property and an occupation rent . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The appellant sought leave to appeal against a mortgagee’s possession order. Judges: Arnold J Citations: [2010] EWHC 554 (Ch) Links: Bailii Statutes: Trusts of Land and the Appointment of Trustees Act 1996 Jurisdiction: England and Wales Land, Trusts Updated: 01 October 2022; Ref: scu.403383
S owned several propertie in charge to the bank, but the Agency said that each had been acquired with the proceeds of criminal activity. The parties had settled the claim by the grant of a second charge in favour of the Agency. However when that property was sold, the bank’s first charge (securing money also … Continue reading Szepietowski v The National Crime Agency: SC 23 Oct 2013
The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, but leaving the Agency with no effective return. The bank’s same debts had also been secured … Continue reading Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010
The company sought to recover damages from a director who had acted dishonestly, by concealing a financial interest in a different company which had made loans to the claimant company. He replied that the claim was out of time. At first instance the first defendant had been found dishonest through non-disclosure, and that section 21 … Continue reading DEG-Deutsche Investitions und Entwicklungsgesellschaft mbH v Koshy and Other (No 3); Gwembe Valley Development Co Ltd (in receivership) v Same (No 3): CA 28 Jul 2003
