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Bathurst v Scarborow [2004]

Facts

  • B and S, in a business partnership used partnership funds to purchase a property (to be used for selling darts equipment), and had the property conveyed to them as joint tenants
  • B died, and B’s executor claimed that there was no joint tenancy as the property had been purchased as business premises. S claimed that the whole property had become vested in him as survivorship had operated

Issue

  • Had survivorship operated?

Decision

  • Yes

Reasoning

  • Although there is a presumption that business premises are held on trusts by tenants in common, there was no evidence that there was no contrary intent to holding as joint tenants besides a clear agreement to hold as joint tenants
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