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Family Law

The leading authority on all aspects of family law

01 MAR 2007

Protecting a Claim to a Beneficial Interest

Alex Ralton, Barrister, Albion Chambers, Deputy District Judge. Consider this interesting episode. Selma and Seymour, who are unmarried, buy Springfield House (registered land) together in Selma's sole name but there is a constructive trust under which Selma holds the house on trust for herself and Seymour. After an animated argument the relationship breaks down and Seymour leaves. He instructs Burns, Smithers and Co solicitors to recover his beneficial interest and they persuade HM Land Registry to register a restriction. Selma wants to sell to Barney so she can run away with new love Ned to any part of the world which does not talk to English and Welsh courts. Is Seymour's interest safe and binding on Barney? Or does Barney take free of Seymour's interest and live at Springfield House happily ever after? See March [2007] Fam Law to find out how this episode ends.

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