The online resource for UK Property Law

Co-ownership and Estoppel

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

Quistclose trust

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...

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Assurance and reliance – Thorner

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...

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Yeomans Row v Cobbe

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...

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Satisfying the equity

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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Pallant v Morgan

"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...

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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...

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