E.G. -v- E.G. [2012] IEHC 292 (30 March 2012)

E.G. -v- E.G. [2012] IEHC 292 (30 March 2012)

Plaintiff holds a 50% beneficial interest in the main farm upon a constructive or resulting trust for the defendant, is estopped from denying defendant's claim, and partition is the only practical solution; plaintiff entitled to reimbursement for outlays and damages for defendant's failure to contribute to mother's care.

Citation
[2012] IEHC 292
Parties
Plaintiff: E. G.; Defendant: E. G.
Jurisdiction
Ireland
Judgment Date
30 March 2012
Procedural Posture
Equity Civil Bill Appeal / High Court Appeal From Circuit Court, Full Rehearing
Outcome
Plaintiff's appeal dismissed in part; partition upheld; financial adjustment awarded; damages and reimbursement granted; assault/intimidation/slander claims dismissed.
Legal Topics
Constructive Trust, Resulting Trust, Partition, Beneficial Ownership, Estoppel, Trespass, Failure to Account, Damages, Family Settlement
Property Law Equity Trusts Family Law Constructive Trust Resulting Trust Partition Beneficial Ownership +5 more

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Parties

E. G.

Plaintiff

E. G.

Defendant

Procedural Posture

Equity Civil Bill Appeal / High Court Appeal From Circuit Court, Full Rehearing

Legal Issues

  1. 1 Whether plaintiff holds main farm on trust for defendant
  2. 2 Whether defendant entitled to 50% beneficial interest
  3. 3 Whether plaintiff entitled to damages for trespass, assault, intimidation, slander of title

Ratio Decidendi

Plaintiff holds a 50% beneficial interest in the main farm upon a constructive or resulting trust for the defendant, is estopped from denying defendant's claim, and partition is the only practical solution; plaintiff entitled to reimbursement for outlays and damages for defendant's failure to contribute to mother's care.

Court Disposition

Plaintiff's appeal dismissed in part; partition upheld; financial adjustment awarded; damages and reimbursement granted; assault/intimidation/slander claims dismissed.

Orders

  • Physical partition of main farm: 95 acres with farmhouse and infrastructure north of road to defendant, 55 acres south of road to plaintiff
  • Defendant to pay plaintiff €50,000 as financial adjustment, registered as burden on defendant's portion