Our Dispute Resolution Solicitors are toasting success after winning a case regarding an epic #pub ownership battle.
Paul Ridehalgh and Nicola Mills took on the case. It involved a claim against our client on how they had purchased a pub. But was it a domestic or commercial transaction?
With a domestic purchase, the legal presumption in the absence of any express declaration of Trust is that the ownership is a joint tenancy. Yet this can only be rebutted with clear evidence. However, if the purchase was commercial, this presumption doesn’t apply. In the absence of evidence of intention, ownership is inferred on the basis of fairness.
Strong defence from Marsden Rawsthorn resulted in our client being solely entitled to the pub. This put an end to an eight-year dispute.
The court was satisfied that the pub had been purchased for the purposes of providing a family home.
Marsden Rawsthorn argued the reason for the purchase of the pub was to provide a family home. In addition, the intent was as an income source, rather than being a commercial transaction. Therefore, this defence was successful and to the satisfaction of the court.
Joint tenants or tenants in common?
If you’re making a purchase with someone else, your key decision is how you should own that property. For example, joint tenants or tenants in common.
The right choice will depend on various factors. Factors including your independent situation and the relationship you have with your co-purchaser.