Pascoe v Turner [1978] EWCA Civ 2 (01 December 1978)

Pascoe v Turner [1978] EWCA Civ 2 (01 December 1978)

The defendant, in reliance on the plaintiff's repeated declarations and encouragement, spent substantial money and effort improving the property. The plaintiff knowingly acquiesced and encouraged these actions. Equity requires that the plaintiff be estopped from asserting legal title and must perfect the gift by transferring the fee simple to the defendant.

Citation
[1978] EWCA Civ 2
Parties
Plaintiff (appellant): Samuel Oswald Pascoe; Defendant (respondent): Pearl Turner
Jurisdiction
England and Wales
Judgment Date
01 December 1978
Procedural Posture
Appeal (civil Division) / Final Judgment on Appeal
Outcome
Appeal dismissed, order below varied
Legal Topics
Proprietary Estoppel, Constructive Trusts, Imperfect Gifts, Remedies in Equity
Property Law Equity Proprietary Estoppel Constructive Trusts Imperfect Gifts Remedies in Equity

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Parties

Samuel Oswald Pascoe

Plaintiff (appellant)

Pearl Turner

Defendant (respondent)

Procedural Posture

Appeal (civil Division) / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the defendant proved the existence of a trust over the property
  2. 2 Whether facts established an estoppel preventing the plaintiff from asserting legal title
  3. 3 Appropriate equitable relief for the defendant

Ratio Decidendi

The defendant, in reliance on the plaintiff's repeated declarations and encouragement, spent substantial money and effort improving the property. The plaintiff knowingly acquiesced and encouraged these actions. Equity requires that the plaintiff be estopped from asserting legal title and must perfect the gift by transferring the fee simple to the defendant.

Court Disposition

Appeal dismissed, order below varied

Orders

  • Second declaration revoked; declaration that the estate in fee simple in 2 Tolgarrick Road, Tuckingmill, Camborne is vested in the defendant
  • Plaintiff ordered to execute a conveyance within 28 days at his expense transferring the estate to the defendant