Hapeshi v Allnatt & Anor [2010] EWHC 392 (Ch) (21 January 2010)

Hapeshi v Allnatt & Anor [2010] EWHC 392 (Ch) (21 January 2010)

The court found that there was a common intention that the claimant should participate in the purchase and beneficial ownership of the property, and that intention survived the refusal of the council to include his name on the legal title. However, the court did not accept the claimant's evidence as to the extent of his financial contributions. The court concluded that the claimant is entitled to a beneficial interest in the property, but the precise quantification of that interest is to be determined by further submissions or agreement, applying the principles of constructive trust and the parties' conduct.

Citation
[2010] EWHC 392 (Ch)
Parties
Claimant: Kyriacos Costas Hapeshi; First Defendant: Athena Allnatt; Second Defendant: Julie Denise Grant-Hapeshi
Jurisdiction
England and Wales
Judgment Date
21 January 2010
Procedural Posture
Chancery Division Beneficial Ownership Dispute / Judgment After Trial
Outcome
Claimant entitled to a beneficial interest in the property; quantification to be determined.
Legal Topics
Constructive Trusts, Proprietary Estoppel, Beneficial Ownership, Joint Tenancy Vs Tenancy in Common, Right to Buy Scheme
Equity Trusts and Estates Property Law Constructive Trusts Proprietary Estoppel Beneficial Ownership Joint Tenancy Vs Tenancy in Common Right to Buy Scheme

Case Brief

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Parties

Kyriacos Costas Hapeshi

Claimant

Athena Allnatt

First Defendant

Julie Denise Grant-Hapeshi

Second Defendant

Procedural Posture

Chancery Division Beneficial Ownership Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant is beneficially entitled to the property at 212 Craven Park Road under a constructive trust or proprietary estoppel.
  2. 2 Whether the property forms part of the estate of the late Chrystalla Hapeshi to be distributed under her will.

Ratio Decidendi

The court found that there was a common intention that the claimant should participate in the purchase and beneficial ownership of the property, and that intention survived the refusal of the council to include his name on the legal title. However, the court did not accept the claimant's evidence as to the extent of his financial contributions. The court concluded that the claimant is entitled to a beneficial interest in the property, but the precise quantification of that interest is to be determined by further submissions or agreement, applying the principles of constructive trust and the parties' conduct.

Court Disposition

Claimant entitled to a beneficial interest in the property; quantification to be determined.

Orders

  • Declaration that the claimant has a beneficial interest in 212 Craven Park Road, London N15 6AE.
  • Parties to make submissions or agree on the quantification of the claimant's beneficial interest.