Jurisdiction(s):
United Kingdom

Jointly owned farm used for business: presumption of beneficial tenants in common, not joint tenants—Williams v Williams [2024] EWCA Civ 42 (England and Wales)

Published on: 09 February 2024

Published by a LexisNexis Property expert

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Article summary

Williams v Williams and others [2024] EWCA Civ 42

What are the practical implications of this case?

The key takeaway is that where a commercially used property is owned jointly, and the co-owners have neither stated their beneficial shares in an express declaration nor reached a proven express agreement, the default position is that the beneficial interests are held as tenants in common rather than as joint tenants. That contrasts with the longstanding general presumption of beneficial joint tenancy for homes and other domestic property. The difference matters particularly on the death of one co-owner, when rival claims may arise about the scope and proportion of the beneficial interests.

What was the background?

The dispute centred on a long-established family farm situated in West Wales. The parties to the claim were brothers and sisters. Their father had for many years previously worked the holding as a tenant. In 1986, the opportunity arose for him to purchase the farm outright. He needed to borrow to complete the acquisition but, being in his sixties, was unable to secure a mortgage in his sole name. He therefore bought the farm jointly with his wife and one of his sons, the claimant, with the...

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