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. The parties had in effect agreed that the claimant would buy the respondent’s interest.
Held: The maths were relatively simple. The judge had kept a close but not unfair control over mutual cross examination by two litigants in person. The property had been valued at less than the purchase price. It was wrong to allow the defendant to avoid the risk of his investment. Any error in valuation was balanced by the judges failure to require to be taken into account the costs of a sale. Appeal dismissed.
Judges:
Lord Justice Simon Brown, Mr Justice Wilson
Citations:
[1999] EWCA Civ 645
Statutes:
Trusts of Land and Appointment of Trustees Act 1996 14
Jurisdiction:
England and Wales
Land, Trusts
Updated: 30 November 2022; Ref: scu.145560
