Thomas Bedford v Erika Greig & Anor
Applicant failed to prove any express or inferred common intention, contribution to purchase price, or assurance by the deceased that would give rise to a constructive or resulting trust or proprietary estoppel. Payments made were not referable to acquisition of beneficial interest but to living expenses or repayment of loans. No evidence of detrimental reliance or unconscionability. Application for restrictions dismissed.
- Parties
- Applicant: Thomas Bedford; Respondent: Erika Greig; Respondent: Ben Ainscough
- Jurisdiction
- England and Wales
- Judgment Date
- 16 October 2025
- Procedural Posture
- Land Registration Application / Final Judgment
- Outcome
- application dismissed
- Legal Topics
- Constructive Trust, Resulting Trust, Proprietary Estoppel, Cohabitation, Beneficial Interest, Land Registration
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas Bedford
Applicant
Erika Greig
Respondent
Ben Ainscough
Respondent
Procedural Posture
Land Registration Application / Final Judgment
Legal Issues
- 1 Whether a common intention constructive trust arose giving the applicant a beneficial interest in the property
- 2 Whether a resulting trust arose from contributions to purchase price
- 3 Whether proprietary estoppel applies due to assurances or acquiescence
Ratio Decidendi
Applicant failed to prove any express or inferred common intention, contribution to purchase price, or assurance by the deceased that would give rise to a constructive or resulting trust or proprietary estoppel. Payments made were not referable to acquisition of beneficial interest but to living expenses or repayment of loans. No evidence of detrimental reliance or unconscionability. Application for restrictions dismissed.
Court Disposition
application dismissed
Orders
- Chief Land Registrar directed to cancel applicant's Form RX1 application for Form A and Form II restriction against title SX72287
- Directions for costs submissions: parties to file and serve written submissions and estimates by specified dates
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