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
Article contributed by Simon Edwards Agreement to transfer land In Thandi v Saggu [2023] EWHC 2631 (Ch), Mr Hugh Sims KC (sitting as a Deputy Judge of the High Court) had to consider, amongst other things, whether the equitable doctrine of proprietary...
Article contributed by James Ballance When is a contract not a contract? When proprietary estoppel intervenes Case name, reference & Bailii link Morton v Morton [2023] EWCA Civ 700 http://www.bailii.org/ew/cases/EWCA/Civ/2023/700.html ...
Article contributed by Alexander Burrell, Tanfield Chambers Case name, reference and Bailii link: Mate v Mate & Ors [2023] EWHC 238 (Ch) Mate v Mate & Ors [2023] EWHC 238 (Ch) (10 February 2023) (bailii.org) Summary The case of Mate v Mate is a...
Article by Managing Editor Ian Quayle This is yet another case concerning proprietary estoppel in the context of a dispute within a farming family. Of interest to anyone advising on farm ownership disputes it also provides a useful reminder to all transactional...
Property given for a specific purpose Purpose fails Huseyin Ali v Dinc [2020] EWHC 3055 (Ch) Summary The court held that the arrangement between Claimant (-C-) and the first defendant (-D1-) was sufficient to constitute a Quistclose trust. A Quistclose trust occurs...
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...
Property joint ventures gone wrong! Introduction In good times when it seems that there is money to be made business men and women will often rush into actions they sometimes later regret. A classic situation is where an informal deal is made in relation to a...
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...
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