Bagum v Hafiz & anr [2015] EWCA Civ 801

Wills & Trusts Law Reports | October 2015 # 153

The claimant and two of her sons, the first and second defendants, were trustees of a residential property in Copenhagen Street, Islington which they held on trust for themselves as tenants in common in equal shares. The parties had all contributed financially to the purchase of the property, in which they lived for some time along with the claimant’s other children. The crowded conditions led to tensions, and to the second defendant leaving the property.

The claimant issued proceedings seeking an order obliging the second defendant to sell his interest in the property to th...

Co-Ownership: A right to buy

Richard Eaton and Laura Tanguay examine some welcome clarification from the Court of Appeal on balancing the competing interests of co-owners of property under a trust of land ‘The need to establish the true market value by an open-market sale would normally outweigh the… wish for a remaining co-owner to be given a right of …
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