McNiven v Niven, McNiven & Spencer-Futter [2024] EWHC 1840 (Ch)

Head of Chancery, Christopher Jones was instructed by Tony Pearce of Richard Nelson LLP to represent the claimant, Duncan McNiven, in his claim to establish a beneficial interest in a residential property in Tewkesbury.

In 1982, Mr McNiven and his parents purchased a property under the right-to-buy scheme.  The property was conveyed to them as joint tenants.  When Mr McNiven’s father died his interest in the property passed to Mr McNiven and his mother by survivorship.

By 1993, Mr McNiven had moved to Finland and was concerned about the tax position.  It was agreed that Mr McNiven would transfer legal title in the property to his mother, he would still to own his half share, he would continue to pay the mortgage, his mother would live at the property and upon her death the property would belong to Mr McNiven.

The mortgage was paid off in 2013.  Mrs McNiven died intestate on 2 November 2019 and was survived by her four children.  Mr McNiven’s siblings did not accept that Mrs McNiven’s estate held the property for him.

The 3-day trial was heard by Mr Justice Zacaroli at the High Court in Bristol, who accepted Mr McNiven’s claim that he was entitled to the majority of the proceeds of sale of the property, and concluded that:

(a)   The events in 1993 severed the joint tenancy between Mr McNiven and his mother, and at the very least he was entitled to one half of the net proceeds of sale of the property.

(b)  Mr McNiven relied upon the assurances made by his mother.  He suffered a detriment in reliance upon those assurances by transferring the legal title in the property into her name and continuing to pay the mortgage.  It was unconscionable for Mrs McNiven to renege on the promise that the property would be Mr McNiven’s.

(c)   The Court recognised that Mrs McNiven had made some mortgage payments at a time when Mr McNiven was unable to do so.  In recognition of that the Court reduced Mr McNiven’s share in the net sale proceeds to account for those payments.

View judgment here.

Christopher is a chancery and commercial specialist barrister, ranked as a leading junior in Chambers UK and The Legal 500. He has expert knowledge and experience in trust litigation, contentious and non-contentious probate applications, real property litigation (particularly in relation to easements, restrictive covenants and contracts for the sale of land), proprietary estoppel claims, commercial and agricultural landlord and tenant disputes. Find out more here.