Rodway v Landy [2001] Ch 703

Court: Court of Appeal

Basic Facts: Drs Rodway and Landy co-owned their surgery premises as joint tenants in common in equity, each holding an equal share. Upon ending their business partnership, Dr. Landy proposed that each doctor be given exclusive occupation of separate parts of the surgery.

Issue for the Court: Can trustees restrict each beneficiary to occupying a specific part of the trust land under section 13 of the Trusts of Land and Appointment of Trustees Act 1996?

Held: The court held that partition of jointly owned property could be ordered where it was practicable and in the interests of justice.

Gibson LJ:

• Section 13(1) allows trustees to restrict or exclude beneficiaries' rights to occupy land, but only in terms of how many beneficiaries are restricted or excluded, not if all beneficiaries are barred from occupation.

• In cases where the land can be partitioned, trustees can limit each beneficiary’s right to occupy different parts of the land, ensuring equitable distribution of rights.