Martin v Martin [2020] EWHC 49 (Ch) (20 January 2020)

Martin v Martin [2020] EWHC 49 (Ch) (20 January 2020)

The land is held on trust for sale, the relationship between the brothers has irretrievably broken down, and the only practical solution is to sell parcels 3 to 7 to the special purchaser and partition parcels 1 and 2, with a balancing payment to equalise values.

Citation
[2020] EWHC 49 (Ch)
Parties
Claimant: John Graham Martin; Defendant: David James Martin
Jurisdiction
England and Wales
Judgment Date
20 January 2020
Procedural Posture
Trusts of Land Dispute / Trial Judgment
Outcome
Parcels 3 to 7 ordered to be sold to special purchaser (NFH); parcels 1 and 2 partitioned, parcel 1 to David and parcel 2 to John; David to make balancing payment to John.
Legal Topics
Partition of Land, Order for Sale, Trusts of Land and Appointment of Trustees Act 1996, Account and Enquiry
Property Law Trusts and Equity Partition of Land Order for Sale Trusts of Land and Appointment of Trustees Act 1996 Account and Enquiry

Case Brief

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Parties

John Graham Martin

Claimant

David James Martin

Defendant

Procedural Posture

Trusts of Land Dispute / Trial Judgment

Legal Issues

  1. 1 Whether parcels of land should be sold or partitioned under the Trusts of Land and Appointment of Trustees Act 1996
  2. 2 Appropriate partition and sale arrangements between co-owners
  3. 3 Entitlement to account and enquiry regarding rents

Ratio Decidendi

The land is held on trust for sale, the relationship between the brothers has irretrievably broken down, and the only practical solution is to sell parcels 3 to 7 to the special purchaser and partition parcels 1 and 2, with a balancing payment to equalise values.

Court Disposition

Parcels 3 to 7 ordered to be sold to special purchaser (NFH); parcels 1 and 2 partitioned, parcel 1 to David and parcel 2 to John; David to make balancing payment to John.

Orders

  • John's solicitors to conduct conveyancing for sale to NFH.
  • David to pay £7,500 to John to equalise partition.