Conway v Conway And Another [2025] EWHC 33314 (Ch)

Background

The parties negotiated an oral agreement in March 2019 for the purchase by the Respondents of the Appellant's barn for the sum of £150,000. Solicitors were instructed to give formal effect to the transfer, but negotiations broke down over a disputed term namely whether the appellant had a call option to repurchase the barn from the Respondents. It was common ground between the parties that the purchase price was never paid to the Appellant and that the Respondents had entered into occupation and carried out significant renovation works.

Following the breakdown, the Appellant sought declaratory relief that the Respondents had no proprietary interest in the barn and an injunction to prevent access. The Respondents counterclaimed in proprietary estoppel only, seeking an order that the barn be transferred to them on the terms of the alleged oral agreement (specifically excluding the buy-back option). No alternative claim for equitable compensation or a