A house had been purchased in 1982 by one member of a large family. Other family members now disputed whether the land was held in trust for them. A constructive trust was asserted.
Held: The claimants had failed to establish that a constructive trust applied. The original purchaser had purchased the property in his own name and with his own money, and with loans which were repaid. No sufficiently clear terms had been identified as to the trust. ‘The fact, accepted on all sides, that after its purchase the Property was used as a dwelling and as an assembly point for the Tackaberry family does not assist the Claimants’ case. ‘The law does not recognize a concept of family property’
Judges:
Evans-Lombe J
Citations:
[2007] EWHC 2633 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Sharpe Re, Ex parte Trustee of the Bankrupt v Sharpe ChD 30-Jul-1979
A couple lived in a maisonette with their aunt. The property had been purchased in the name of the husband but the aunt had contributed a partial sum towards the purchase price, while the rest of the amount was raised by way of a mortgage. The . .
Cited – Stack v Dowden HL 25-Apr-2007
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 . .
Cited – Gillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
Cited – Grant v Edwards and Edwards CA 24-Mar-1986
A couple were not married but lived together in Vincent Farmhouse in which the plaintiff claimed a beneficial interest on separation. The female partner was told by the male partner that the only reason for not acquiring the property in joint names . .
Lists of cited by and citing cases may be incomplete.
Land, Trusts
Updated: 13 September 2022; Ref: scu.260354
