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Building Law Monthly

Constructive trusts and Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

In Matchmove Ltd v Dowding and Church [2016] EWCA Civ 1233 the Court of Appeal held that the claimants had established that a meadow was held by the defendant on constructive trust for the claimants such that the claimants were entitled to invoke s2(5) of the Law of Property (Miscellaneous Provisions) Act 1989 in order to give effect to the oral agreement which the parties had entered into in relation to the sale of the meadow. The case acts as a reminder of the role that the constructive trust can play in giving effect to a contract for the sale or other disposition of an interest in land which has not been made in writing.

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