Rodway v Landy
Trustees of land can divide the use of a building between beneficiaries, giving each exclusive occupation of part of it.
Facts
Two doctors, Dr Rodway and Dr Landy, were in partnership as general practitioners, and held a surgery building on trust for themselves as tenants in common. When the partnership broke down, Dr Rodway wanted the building sold. Dr Landy wanted to continue practising from the building, and asked the court to divide it so that each doctor could occupy part of it for his own practice.
Legal principle
The Court of Appeal held that the court could order that the building be divided, with each doctor having the exclusive use of part of it, with shared use of common parts. Peter Gibson LJ said that, under section 13 of the Trusts of Land and Appointment of Trustees Act 1996, trustees can exclude or restrict the entitlement to occupy of some beneficiaries, and that this power extends to dividing a building between beneficiaries, as long as it is suitable for that purpose. The trustees can impose conditions, such as requiring one beneficiary to pay for the alterations needed.
Related cases on co-ownership and trusts of land
- Bank of Ireland Home Mortgages Ltd v Bell [2001] 2 FLR 809
- Barca v Mears [2004] EWHC 2170 (Ch)
- Bull v Bull [1955] 1 QB 234
- Burgess v Rawnsley [1975] Ch 429
- Re Citro (A Bankrupt) [1991] Ch 142
- Re Draper's Conveyance [1969] 1 Ch 486
- First National Bank plc v Achampong [2003] EWCA Civ 487, [2004] 1 FCR 18
- Goodman v Gallant [1986] Fam 106
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
