Geary v Rankine

Geary v Rankine [2012] EWCA Civ 555 is an English land law case, concerning constructive trusts, and the establishment of a beneficial interest in an enterprise between a business owner and his or her lover and co-worker.

The relevant question was whether there was a common intention for Geary to have a beneficial interest in the property, applying Jones v Kernott [2011] UKSC 53, which must be determined objectively from the parties' conduct.

In addition, Mrs Geary's own evidence makes it clear to my mind that Mr Rankine had no intention that she should have an interest in the property itself.

Second, Mrs Geary's evidence was that as the years went by she asked what security she had for her and her son and that Mr Rankine either said the business should remain in his sole name or was non-committal.

Those passages are also, in my judgment, inconsistent with an intention on Mr Rankine's part that Mrs Geary should have a beneficial interest in the freehold of Castle View.