Geary v Rankine

Geary v Rankine

There was no evidence of partnership or common intention to share beneficial interest in the property; the property was purchased solely by Mr Rankine as an investment, and Mrs Geary's involvement did not establish entitlement to a share.

Parties
Appellant: Geary; Respondent: Rankine
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Constructive Trusts, Partnership, Beneficial Interest, Common Intention, Resulting Trust
Property Law Family Law Trusts and Equity Constructive Trusts Partnership Beneficial Interest Common Intention Resulting Trust

Case Brief

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Parties

Geary

Appellant

Rankine

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Mrs Geary acquired a beneficial interest in Castle View guesthouse
  2. 2 Whether Mrs Geary and Mr Rankine were business partners in the guesthouse business
  3. 3 Whether a common intention constructive trust arose in favour of Mrs Geary

Ratio Decidendi

There was no evidence of partnership or common intention to share beneficial interest in the property; the property was purchased solely by Mr Rankine as an investment, and Mrs Geary's involvement did not establish entitlement to a share.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.