Padgham and another v Rochelle and another: ChD 1 Aug 2002

The testator occupied farmland and buildings. He was helped in maintaining the farm by his son, but gave the land to his grandchildren by his will. The son claimed to have been granted an informal written agricultural tenancy by his father before his death.
Held: The arrangement was not intended to create legal relations, and no tenancy was created. The agreement was sufficient to satisfy section 52, but in construing it, the court had to allow for the fact that the deceased had placed particular trust and confidence in the son, and a presumption of undue influence arose. The claimant had not displaced that presumption, and the tenancy agreement was set aside.
Mr Launcelot Henderson QC, sitting as a deputy judge of the division
Gazette 03-Oct-2002
Law of Property Act 1925 52
England and Wales
CitedWalsh v Lonsdale CA 1882
Lonsdale purported to grant to Walsh a seven year lease with rent payable in advance. The lease was not embodied in a deed, and when Walsh went into possession, an annual tenancy with rent payable in arrear was created. Walsh did not pay in advance, . .
CitedRoyal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
Held: Undue influence is an equitable protection created to undo the effect of excess influence of . .

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Updated: 22 January 2021; Ref: scu.177316