A father purchased a property for his daughter but kept the title deeds until his death.
Held: In deciding whether or not the executors of the father had rebutted the presumption of advancement, the Court took he view that there was ample evidence to justify that conclusion of the judge. The the father’s retention of the title deeds from the time of purchase to the time of his death was a very significant fact because the title deeds were ‘sinews of the land’. The Court did not state, however, that possession of title deeds was conclusive in the determination of a person’s property rights, but relied not only on the possession of title deeds to decide its case but also the fact that the father had paid for the full price and that there was contemporaneous declarations by the alleged donor as to his interest.
Judges:
Morton LJ
Citations:
[1944] 2 All ER 472
Jurisdiction:
England and Wales
Land
Updated: 12 April 2022; Ref: scu.570865