Irving John Cleave & Anor v Mary Louise Cleave
[2024] EWHC 2492 (Ch)
Luigi Nicodemo Vasami & Anor v Tony Hack & Anor
5 October 2023
[2023] EWHC 2431 (Ch)
High Court
An uncle and aunt sued their nephew and his wife for their farm. The nephew claimed the farm was promised to him, but the judge didn't believe him. The uncle and aunt got their farm back, but the nephew kept most of the cows.
Key Facts
- •Claimants (Vasamis) sought possession of Glasfryn farm from defendants (Hacks), their nephew and his wife.
- •Defendants argued they had a family arrangement and/or proprietary estoppel based on promises of inheritance.
- •Defendants occupied Glasfryn since 1988, working the farm and making improvements.
- •The dairy herd's ownership was disputed.
- •The parties' relationship deteriorated due to financial issues and other disagreements.
- •The claimants served notice to quit, leading to litigation.
Legal Principles
Proprietary estoppel
Guest & Anor v Guest [2022] UKSC 27
Constructive Trust
Spencer v Spencer [2023] EWHC 2050 (Ch)
Agricultural Holdings Act 1986 (AHA)
Mentioned throughout the judgment
Detrimental reliance in Proprietary Estoppel
Guest & Anor v Guest [2022] UKSC 27
Unconscionable conduct in Proprietary Estoppel
Gillett v Holt [2001] Ch 210
Outcomes
Claimants' claim for possession of Glasfryn succeeded.
The court found no basis for proprietary estoppel or constructive trust.
Claimants' claims for arrears of rent failed.
The court determined the parties' arrangement was not a formal tenancy, but a family arrangement.
Claimants' claim for return of the dairy herd or damages failed.
The court found the herd had been transferred to the defendants in 2008, except for cows purchased by the claimants after this date.
Defendants' counterclaim based on proprietary estoppel and constructive trust failed.
The court found no promises that met the criteria for proprietary estoppel, and no basis for a constructive trust.