Englefield v Steinberg

Englefield v Steinberg

Jonathan Steinberg became a constructive trustee of the property, obliging him to allow Mrs Steinberg to occupy rent free for her life; this life interest binds the Claimants as equitable chargees and constitutes an overriding interest.

Parties
Claimant/first Part 20 Defendant: Pritchard Englefield; First Defendant/second Part 20 Defendant: Jonathan Roger Steinberg; Second Defendant/part 20 Claimant: Sheila Steinberg
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Possession Claim and Part 20 Claim / Judgment After Trial
Outcome
Mrs Steinberg has a life interest binding on the Claimants; order for sale granted with opportunity for sale subject to her interest.
Legal Topics
Constructive Trust, Overriding Interest, Proprietary Estoppel, Order for Sale, Life Interest
Property Law Trusts and Equity Constructive Trust Overriding Interest Proprietary Estoppel Order for Sale Life Interest

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Parties

Pritchard Englefield

Claimant/first Part 20 Defendant

Jonathan Roger Steinberg

First Defendant/second Part 20 Defendant

Sheila Steinberg

Second Defendant/part 20 Claimant

Procedural Posture

Possession Claim and Part 20 Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Sheila Steinberg has a life interest in the property binding on the Claimants
  2. 2 Whether the Claimants are entitled to possession and sale of the property
  3. 3 Whether Mrs Steinberg's interest constitutes an overriding interest

Ratio Decidendi

Jonathan Steinberg became a constructive trustee of the property, obliging him to allow Mrs Steinberg to occupy rent free for her life; this life interest binds the Claimants as equitable chargees and constitutes an overriding interest.

Court Disposition

Mrs Steinberg has a life interest binding on the Claimants; order for sale granted with opportunity for sale subject to her interest.

Orders

  • Mrs Steinberg given two months to find buyer subject to her life interest; if no contract exchanged, property to be sold with vacant possession.
  • Sale proceeds to be distributed: first to HSBC, then actuarially valued sum for Mrs Steinberg's life interest, then Claimants' costs and charges, then service charge arrears, then any surplus to Jonathan Steinberg.