- Constructive trusts and detriment (O’Neill v Holland)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: O’Neill v Holland turned on the need to demonstrate detrimental reliance when attempting to establish the existence of a common intention constructive trust in a case where a property is held in a party’s sole name. This essential ingredient is sometimes overlooked, not least because it was not in issue in the leading cases of Stack v Dowden and Jones v Kernott. Detrimental reliance must be determined objectively. In this case, the claimant was able to rely on the change in position from living in a property owned by her father, to living in the same property in the sole name of her partner. The case is also a warning to parties to ensure that detrimental reliance is identified and pleaded clearly. Written by David Sawtell, barrister at 39 Essex Chambers.
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