Burgess v Rawnsley 
- Two partners jointly purchased a house as joint tenants, but the female partner never moved in
- The partners orally agreed that the female’s share would be sold to the male partner
- Did this agreement sever the joint tenancy, such that the daughter of one partner could claim entitlement to half of the property?
- No severance
- An agreement to sever, to effect severance, must be irrevocable, and must be accompanied by mutual intent under the Williams v Hensman (1861) catalogue, when interpreting the Law of Property Act 1925, s 36(2)
- Intents were at odds with each other, as the female partner had never intended to move in
- Lord Denning and Sir John Pennycuick disagreed over whether a course of dealings needed to be enforceable to constitute effective severance, although no issue of a course of dealings arose on the facts of the case
- The interesting relationship between the two partners was aptly described by Lord Denning at the start of his judgment, and is worth a read for comic value alone
-  Ch 429
Posted in Land Law Revision Notes.
This page was last updated on 12th May 2015
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