Informality and Claims to Property

Abstract

Discusses the complexity of property claims based on informal legal structures which arise when relationships break down, and how the courts have responded. Reviews a claim for proprietary estoppel in Guest v Guest (CA) to grant the claimant a share of a family farm and business, how the Supreme Court may approach the impending appeal, and Oberman v Collins (Ch D) on whether a common intention constructive trust existed over a property portfolio.