Martin v Martin
The breakdown of the relationship between the brothers, the express trust's purpose to hold land for sale, and the special purchaser's offer justify ordering sale of parcels 3 to 7 and partitioning parcels 1 and 2, with a balancing payment to equalize values.
- Parties
- Claimant: John Graham Martin; Defendant: David James Martin
- Jurisdiction
- England and Wales
- Judgment Date
- 20 January 2020
- Procedural Posture
- Civil / Trial Judgment
- Outcome
- Order for sale and partition granted
- Legal Topics
- Partition of Land, Trusts of Land and Appointment of Trustees Act 1996, Order for Sale, Account and Enquiry
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Graham Martin
Claimant
David James Martin
Defendant
Procedural Posture
Civil / Trial Judgment
Legal Issues
- 1 Whether there should be an order for sale in respect of part of the land and partition of the rest or partition of all the land
- 2 Application of sections 7 and 14 of the Trusts of Land and Appointment of Trustees Act 1996
- 3 Purpose and intention of the express trust
Ratio Decidendi
The breakdown of the relationship between the brothers, the express trust's purpose to hold land for sale, and the special purchaser's offer justify ordering sale of parcels 3 to 7 and partitioning parcels 1 and 2, with a balancing payment to equalize values.
Court Disposition
Order for sale and partition granted
Orders
- Parcels 3 to 7 to be sold to NFH for £845,000
- John's solicitors to conduct conveyancing and serve notices as needed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment