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Rowan v Dann

Language: English Series: Property and Compensation Reports ; (1992) 64 PCR 202-213(6)Publication details: 1992Subject(s): Summary: CA 4 December 1991. R was a farmer who was afraid that creditors might be able to take possession of his land and granted two tenancies at market rents to D with whom he was engaged in discussions about a joint venture which would have involved using R`s land. No rent was ever paid as R retained shooting rights over the land, although it was agreed that these were not as valuable as the rent. The court found that the leases were a sham to keep off creditors so that the land would remain available for the joint venture. R appealed but this was dismissed on the grounds that as the joint venture failed the land had reverted to him and was therefore an asset to be taken by his creditors.
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Law report London Journal article ABS47266 (Browse shelf(Opens below)) 1 Available 61300-1001

CA 4 December 1991. R was a farmer who was afraid that creditors might be able to take possession of his land and granted two tenancies at market rents to D with whom he was engaged in discussions about a joint venture which would have involved using R`s land. No rent was ever paid as R retained shooting rights over the land, although it was agreed that these were not as valuable as the rent. The court found that the leases were a sham to keep off creditors so that the land would remain available for the joint venture. R appealed but this was dismissed on the grounds that as the joint venture failed the land had reverted to him and was therefore an asset to be taken by his creditors.