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Bull v Bull [1955]

Facts

  • 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

Issue

  • Could the mother occupy the house pending sale?

Decision

  • Yes

Reasoning

  • 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
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