Jurisdiction(s):
United Kingdom

Taylor v Taylor: TP1/TR1 express trust conclusive without transferee signatures; s53(1)(b) LPA 1925 satisfied; severance creates equal tenancy in common (England and Wales)

Published on: 16 May 2017

Published by a LexisNexis Property expert

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Article summary

Original news Taylor v Taylor [2017] EWHC 1080 (Ch)

In June 2012, a father, Mark, and his son, Boyd, acquired a transfer of a modest hotel with a campsite, together by way of conveyance. It was undisputed between both sides that this made them joint tenants at law at the time. The conveyance concerned part only of a wider tract of land within a larger holding. In May 2013, Mark served a notice to sever the joint tenancy which, on its very face, converted the beneficial joint tenancy (assuming that was its nature) into a tenancy in common in equal proportions. Nonetheless, Mark asserted a four-fifths share of the beneficial interest, citing his larger contribution to the purchase price. By contrast, Boyd maintained he was due one-half of the beneficial interest, on the basis of a promise to that effect and his reliance: he entered the deal, permitted funds he was entitled to be applied, and worked (with his wife) at the hotel and campsite. What are the practical consequences of this decision? A declaration of trust in box 11 of a TP1 (and thus the parallel boxes in a TR1 (box 10) and other transfer forms) remains effective even...

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