This section of the site deals with various matters concerned with co-ownership and estoppel.
Please click on the topic of interest to you on the list on the left.
To mediate a co-ownership dispute go to The Property Mediators website
Nature of assurance and reliance Thorner v Major [2009] UKHL 18 Summary In this claim by a nephew in respect of his uncle's estate the nephew has established that he was entitled to his uncle's farm on the basis of a proprietary estoppel. Basic facts The claim was...
Topics covered on this page are: The court's powers when ordering a sale to give one of the beneficiaries an opportunity to purchase. The position on bankruptcy including where there are children involved. Excluding benefiaries under s13 and so effectively...
Patel v Shah [2005] EWCA Civ 157 Facts A joint venture to purchase properties went wrong when the market fell in the 1990s. The joint venture gave rise to a resulting trust under which the various parties had an equitable interest in the properties. When things went...
Basic principle Jennings v Rice [2002] EWCA 159 Facts C worked for many years for an elderly lady for nothing on a promise that "he would be alright" and "this will all be yours one day". On the full facts the judge found that there was an estoppel and awarded him...
"Pallant v Morgan" constructive trust Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd [2005] EWCA Civ 1355. In dismissing an appeal on the facts the CA (citing the first instance judge) succinctly explained the principle of the Pallant v Morgan constructive...
Co-ownership Relationship with partnership law. Bathurst v Scarborow [2004] EWCA Civ 411 The general rule is that property bought with partnership money belongs to the partnership. The burden is on the partner who claims otherwise to prove it. There is a presumption...
Introduction "Equitable accounting" is the phrase that has been commonly used to determine whether or not there should be some re-adjustment of sums payable (after the court has determined whether or not each party has a share in the property; and if so what that...
This section deals with two very important cases on proprietary estoppel - in particular the HL decision in Yeomans Row v Cobbe - which re-establish the principles of proprietary estoppel; and subsequent decisions. See contents on left.
This page deals with three issues: Application of the Jones v Kernott test. Application of the principles in Stack v Dowden to investment property. Illegality. Application of the Jones v Kernott test Lack of child support Barnes v Phillips [2015] EWCA Civ 1056 Summary...
English 