Taylor v Taylor & Anor

Taylor v Taylor & Anor

The beneficial ownership of the land is determined by the express declaration of trust in Form TP1 and confirmed by the notice of severance; Mark and Boyd hold the property as tenants in common in equal shares. No evidence supports variation to unequal shares, and the presumption of resulting trust is excluded by express agreement and conduct.

Parties
Claimant: Geoffrey Mark Taylor; Defendant: Boyd Alexander Taylor; Defendant: Maybell Taylor
Jurisdiction
England and Wales
Judgment Date
12 May 2017
Procedural Posture
Civil / Judgment
Outcome
Mark and Boyd hold the legal estate of the land on trust for themselves as tenants in common in equal shares.
Legal Topics
Beneficial Ownership, Joint Tenancy, Tenancy in Common, Resulting Trust, Constructive Trust, Severance of Joint Tenancy, Declaration of Trust, Mistake, Variation of Beneficial Shares
Property Law Partnership Law Trusts Beneficial Ownership Joint Tenancy Tenancy in Common Resulting Trust Constructive Trust +4 more

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Parties

Geoffrey Mark Taylor

Claimant

Boyd Alexander Taylor

Defendant

Maybell Taylor

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What are the beneficial interests in the land known as Innis Inn and Campsite?
  2. 2 Is the claimant entitled to a four-fifths share or are the claimant and first defendant entitled to equal shares?
  3. 3 Effectiveness of the declaration of trust in Form TP1 and subsequent notice of severance

Ratio Decidendi

The beneficial ownership of the land is determined by the express declaration of trust in Form TP1 and confirmed by the notice of severance; Mark and Boyd hold the property as tenants in common in equal shares. No evidence supports variation to unequal shares, and the presumption of resulting trust is excluded by express agreement and conduct.

Court Disposition

Mark and Boyd hold the legal estate of the land on trust for themselves as tenants in common in equal shares.

Orders

  • Declaration of equal beneficial ownership as tenants in common
  • Directions to be given for next steps in winding up partnership