Culliford & Anor vThorpe [2018] EWHC 426 (Ch) (08 March 2018)

Culliford & Anor vThorpe [2018] EWHC 426 (Ch) (08 March 2018)

The defendant and the deceased reached an agreement in May 2012 to share their properties and assets, and the defendant relied on this agreement by carrying out substantial works and expenditure on the property. This detrimental reliance makes it unconscionable for the deceased's estate to deny the defendant a beneficial interest. The court finds a common intention constructive trust in favour of the defendant, and, alternatively, proprietary estoppel is also established.

Citation
[2018] EWHC 426 (Ch)
Parties
Claimant: Stephen John Culliford; Claimant: Dawn Lane; Defendant: Jocelyn Thorpe
Jurisdiction
England and Wales
Judgment Date
08 March 2018
Procedural Posture
Claim and Counterclaim (possession and Proprietary Interest) / High Court Trial Judgment
Outcome
Judgment for the defendant on the counterclaim; declaration of beneficial interest granted.
Legal Topics
Constructive Trust, Proprietary Estoppel, Beneficial Ownership, Co Habitation, Intestacy, Remedies in Equity
Equity Property Law Trusts Constructive Trust Proprietary Estoppel Beneficial Ownership Co Habitation Intestacy +1 more

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Parties

Stephen John Culliford

Claimant

Dawn Lane

Claimant

Jocelyn Thorpe

Defendant

Procedural Posture

Claim and Counterclaim (possession and Proprietary Interest) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant has a beneficial interest in the property by way of constructive trust or proprietary estoppel
  2. 2 Whether the defendant is entitled to resist the claim for possession and seek a declaration of interest and transfer of the property

Ratio Decidendi

The defendant and the deceased reached an agreement in May 2012 to share their properties and assets, and the defendant relied on this agreement by carrying out substantial works and expenditure on the property. This detrimental reliance makes it unconscionable for the deceased's estate to deny the defendant a beneficial interest. The court finds a common intention constructive trust in favour of the defendant, and, alternatively, proprietary estoppel is also established.

Court Disposition

Judgment for the defendant on the counterclaim; declaration of beneficial interest granted.

Orders

  • Declaration that the defendant is entitled to a beneficial interest in the property (9 Clover Road, Wick St Lawrence, Weston super Mare) as tenant in common in equal shares with the estate of the deceased.
  • Order for the property to be sold and the proceeds divided equally between the defendant and the estate of the deceased.