Protecting a property owner’s interests

Holly acted for a property owner in a case in which his late daughter’s partner was claiming a share of a property. The owner had allowed his daughter and her family to live in the property for over 20 years, and the claimant lived there by virtue of his relationship with the daughter.

The claimant had expended considerable sums on extending the property over the years, which had increased the value of the property. Therefore the claimant sought a beneficial interest equating to 75% of the property.

The case involved Holly in extensive knowledge and careful consideration of the complex laws relating to non-cohabitee trusts of land and post-acquisition intentions. Her sensitive approach was also beneficial, given the difficult dynamics between the parties.

Following a 2-day trial the judge found that the claimant had not proved his case and dismissed the claim. The property owner was awarded his costs.