Facts
- The defendant was allowed to live in a cottage on some land for life, in return for maintaining that cottage
- That land was sold to the claimant, who had notice of the defendant’s presence, and paid less for the land as a result of this knowledge
Issue
Decision
Reasoning
- 2 members of the Court of Appeal found the defendant to be a tenant for life, which could bind successors under the Settled Land Act
- Lord Denning found there to be a contractual licence, which combined with notice and a lower purchase price, created a constructive trusts capable of binding successors