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Cohabitation and the problem of proving constructive trusts or proprietary estoppel
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The case of Dobson v Griffey [2018] EWHC 1117 (Ch) is a timely reminder of the difficulties involved in proving constructive trusts or proprietary estoppel in cohabitation cases and the pitfalls of failing to document agreements properly or, indeed, failing to take legal advice. My esteemed colleague James Laycock has the following erudite comments:'The judgment provides a very helpful summary of the legal principles so often arising in these co-habitation and farming related disputes. Parties frequently rely on the doctrines of common intention constructive trusts and proprietary estoppel in order to press home their cases.
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