Rodway V Landy [2001] Ch 703 - Case Summary

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Key Point

  • Trustees have power to partition the property among beneficiaries

Facts

  • 2 doctors in partnership bought a property together to run their practices as joint legal owners and equitable tenants in common
  • They fell out and C sought an order for the property to be sold to her under s14 Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996)
  • D counterclaimed for an order to partition the property between them
  • The judge held that the tenants should use their powers under s13 TLATA 1996 to exclude each other’s right of occupation to their respective units and to provide equally for the cost of adapting the property

Held (Court of Appeal)

  • Appeal dismissed; order for partition upheld

Gibson LJ

  • The judge had exercised his discretion properly to make the order
  • S13 TLATA 1996 properly construed allows for Bs to be restricted to occupying separate parts of the property, the limitation in s13(7) TLATA 1996 does not prevent partition
  • The order as to cost of adapting the building to make it suitable for separate occupation fell within s13(3) TLATA 1996

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