England and Wales Land Registry Adjudicator

Richard Geoffrey Whitehouse v Louise Jervis (Beneficial interests, trusts and restrictions : Express agreement) [[2017] UKFTT 805 (PC) (23 October 2017)

Neutral Citation Number [2017] UKFTT 0805 (PC). Constructive trust claim. Parties agreed on very little not even on, e.g., the period of their cohabitation - by a margin of some 8 years. It was, however, agreed that Applicant had put £25k into the purchase which was in Respondent's sole name. Respondent said this was a gift from Applicant and pointed to mortgage-related correspondence potentially suggestive of that. Applicant's evidence accepted, Respondent's rejected. Held that there was an express agreement that the property was to be shared, and so upheld the claim. Application for further/additional hearing to decide quantification of the shares refused - no power to do so because the issue as to entitlement to the entry of a restriction had already been decided and that any [further] decision in that regard would not bind the parties, following Inhenagwa v Onyeneho [2017] EWHC 1971 (Ch).

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