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First-tier Tribunal (Property Chamber)


You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Andrew Upson v John Vincent Bailey (Beneficial interests, trusts and restrictions : Beneficial interests, trusts and restrictions) [2019] UKFTT 47 (PC) (10 December 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/47.html
Cite as: [2019] UKFTT 47 (PC)

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Decision summary
REF/2016/1161

Case reference REF/2016/1161
Date of decision 10/12/2018
Adjudicator Former Principal Judge Elizabeth Cooke
Applicant Andrew Upson
Respondent John Vincent Bailey
Main Category & Sub Category
Category Beneficial interests, trusts and restrictions
Sub Category Constructive trust - inferred common intention
Secondary Category & Sub Category
Category Beneficial interests, trusts and restrictions
Sub Category Constructive trust - inferred common intention
Decision notes [2019] UKFTT 47 (PC). Property purchased in Respondent's name renovated, over a period exceeding 10 years, by Applicant. He claimed to have a beneficial interest in it on the basis of a common intention constructive trust and applied for the entry of a restriction. Applicant's evidence was focused on the work he had done, but there was no evidence of any agreement or understanding and the registrar was directed to cancel the application for a restriction. Moreover, the agreement that Applicant claimed was made would have given him a claim in debt but not joint ownership.
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URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/47.html