- A mother and her son purchased a house, with the son contributing more than the mother and the son becoming the sole legal owner
- It was agreed that the mother would occupy 2 rooms of the house only
- Following a disagreement, the son wished to have his mother leave the house, and so sought to sell the house
- Could the mother occupy the house pending sale?
- Property held on trust by the son for both himself and his mother
- Presumption of sale under the trusts for sale system, now replaced by the trusts of land system, presumed sale
- Lord Denning – occupation was allowed by the mother pending sale – added fairness to the trusts for sale system