Burgess v Rawnsley [1975] EWCA Civ 2 (15 April 1975)

Burgess v Rawnsley [1975] EWCA Civ 2 (15 April 1975)

The joint tenancy was severed by an agreement between Mr. Honick and Mrs. Rawnsley that she would sell her share to him for £750, which, although not in writing and not specifically enforceable, was sufficient to effect a severance in equity. There was no resulting trust as there was no common purpose communicated or shared by both parties that wholly failed.

Citation
[1975] EWCA Civ 2
Parties
Plaintiff / Respondent: Rugh Burgess; Defendant / Appellant: Sophia Rawnsley
Jurisdiction
England and Wales
Judgment Date
15 April 1975
Procedural Posture
Appeal / Appeal From Order of County Court Judge Dated 21st May 1974
Outcome
Appeal dismissed
Legal Topics
Joint Tenancy, Severance of Joint Tenancy, Resulting Trusts, Beneficial Interests, Law of Property Act 1925 S.36(2)
Property Law Trusts and Equity Joint Tenancy Severance of Joint Tenancy Resulting Trusts Beneficial Interests Law of Property Act 1925 S.36(2)

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Parties

Rugh Burgess

Plaintiff / Respondent

Sophia Rawnsley

Defendant / Appellant

Procedural Posture

Appeal / Appeal From Order of County Court Judge Dated 21st May 1974

Legal Issues

  1. 1 Whether a resulting trust arose due to failure of purpose in joint purchase of property
  2. 2 Whether the beneficial joint tenancy was severed by agreement or course of dealing

Ratio Decidendi

The joint tenancy was severed by an agreement between Mr. Honick and Mrs. Rawnsley that she would sell her share to him for £750, which, although not in writing and not specifically enforceable, was sufficient to effect a severance in equity. There was no resulting trust as there was no common purpose communicated or shared by both parties that wholly failed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal to the House of Lords refused