England and Wales Land Registry Adjudicator

Richard Charles Stuart Bradbury v Jacqueline Ann Summerfield (Beneficial interests, trusts and restrictions : Constructive trust - inferred common intention) [2017] UKFTT 735 (PC) (14 August 2017)

Neutral Citation Number: [2017] UKFTT 735 (PC) Application for registration of a restriction against property in Respondent's name, relying on a common intention constructive trust arising from work done and money expended during their cohabitation from 2003 to 2015. It was found that there was such a constructive trust based on either express agreement or an implied common intention by reference to their dealings with the property. Although not strictly required, the Tribunal considered that absent an express agreement as to the size of A's share, it should be quantified by reference to the course of dealings between A and R during their twelve-year relationship, and a fair share was assessed at fifteen per cent. A proviso was added that such a finding did not prejudice any adjustments by way of equitable accounting in respect of a further mortgage advance obtained by R after the parties had separated, which the Tribunal was not in a position to address at this time.

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