Allen and Another v Rochdale Borough Council: CA 23 Mar 1999

Land was sold. It had been used as playing fields. The freehold and leasehold interests in the land were held by the respondent, and the claimants asserted it was held as bare trustees for them as charitable trustees for the school foundation. The lease in favour of the council had been discovered before completion, but the respondent had not disclosed it.
Held: Any implied surrender of the lease by the council did not operate to creat an resulting trust in its favour. As to the part of the land comprised in the lease which had not been sold, that land remained subject to the lease in favour of the council.
Lord Justice Beldam Lord Justice Morritt Lord Justice Mantell
[2000] Ch 221, [1999] EWCA Civ 1065
Charities Act 1993 36
England and Wales
CitedLyon v Reed 1844
The court examined the principle of the surrender of a lease by operation of law: ‘. . . all the old cases will be found to depend on the principle to which we have adverted, namely, an act done by or to the owner of a particular estate, the . .
CitedSpringett v Defoe CA 1992
Partners lived together, without being married, as secure joint tenants. They exercised the right to buy, contributing three quarters and one quarter of the price respectively. At the time they intended to marry. They did not discuss he shares, and . .
CitedCarnarvon v Villebois 1844
The extent of an implied surrender of a lease by operation of law is commensurate with what is necessary to give validity to the transaction which the surrenderer is to be estopped from disputing. . .
CitedIn Re Oatway; Hertslet v Oatway ChD 1903
A trustee put trust money into his bank account and then used some of the funds from that bank account to buy shares. The rest of the money in the account was dissipated, and the shares were worth less than the trust money which had been . .
CitedThe Venture CA 1908
Contributions were made to the purchase price of a yacht.
Held: The court concluded that the contributor was entitled under a resulting trust to a pro rata equitable interest in the yacht. The payments were made at the time the yacht was . .
CitedRe Vandervell’s Trusts (No 2) ChD 17-Jul-1973
The court considered the requirement that a proposed beneficiary must establish some positive act on the part of the person creating the trust for that person to be bound by the trust asserted. Megarry J said: ‘(1) If a transaction fails to make any . .
CitedFoskett v McKeown and Others CA 27-Jun-1997
Various people had paid money with the promise of acquiring an interest in land in Portugal. The scheme was fraudulent. The funds had been used to purchase a life/investment policy. The policy was held in trust for the fraudster’s mother but he had . .

Cited by:
CitedEaling Family Housing Association Ltd v McKenzie CA 10-Oct-2003
The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended.
Held: There was no express surrender within . .

These lists may be incomplete.
Updated: 19 May 2021; Ref: scu.145980