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29 May 2026
Issue: 8163 / Categories: Legal News , Property , Trusts
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NLJ this week: Why handshake property deals rarely survive court

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Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned

Writing in NLJ this week, Laura Tanguay, partner and head of home ownership disputes at Birketts LLP, examines Uddin v Uddin, where two brothers disagreed over ownership of a family home following an alleged oral agreement. One brother claimed the other had agreed to relinquish his beneficial interest in return for abandoning a financial claim linked to the property. Although the lower court accepted that a new constructive trust had arisen, the High Court overturned the ruling, stressing that a ‘shared intention, without more, is insufficient’.

Tanguay explains that anyone relying on an informal arrangement must prove ‘detrimental reliance’—that they acted, or refrained from acting, in a way that left them materially worse off. The judgment, she says, is a ‘clear reminder’ that oral agreements alone rarely displace formal property ownership unless supported by strong evidence.

Issue: 8163 / Categories: Legal News , Property , Trusts
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