Continue reading "Proprietary estoppel: Crossing the line"
CICTs And Section 2: Some thoughts from the Bar
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Constructive Trusts: More than words?
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Contract: A question of interpretation
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Matchmove v Dowding & anr [2016] EWCA Civ 1233
Wills & Trusts Law Reports | March 2017 #167The appellant appealed a decision regarding the enforceability of an agreement to sell a piece of land through proprietary estoppel and constructive trust notwithstanding the absence of a written contract.
F, a property developer, was the moving spirit of the appellant (M). In 2002, F began negotiations with G for the purchase of a plot of land (the land) and a meadow (the meadow). F intended to divide the land into two plots. Plot 1 and plot 2 would be sold separately. G did not want to sell until he had planning permission, which was granted in 2003.
By late 2003, a ‘comm...
Ely v Robson [2016] EWCA Civ 774
Wills & Trusts Law Reports | October 2016 #163The defendant (D) appealed against an order of His Honour Judge Blair QC whereby he made a declaration as to the extent of the parties’ beneficial interests in a property (the property).
D met the claimant (C) in 1986. A year later, C moved with his three sons into D’s house (37 Ashley Road). That year, C also purchased the property with a mortgage and conveyed it into his sole name. D made no contribution to the purchase price.
In 1989, D purchased another property (89 Bournemouth Road). C maintained that he contributed c.£16,000 to the purchase price, but D di...
Proprietary Estoppel: A separate cause of action?
Continue reading "Proprietary Estoppel: A separate cause of action?"