Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Bull v Bull

251 words (2 pages) Case Summary

12 Oct 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Bull v Bull [1955] 1 QB 234

Constructive trusts arising from join tenancies.

Facts

A mother and son jointly purchased a property, however the son contributed a greater proportion of the original purchase price and took on full legal title to the house. Both parties intended to live in the property on the agreement that the mother would occupy two rooms of the house and the son being the principle user of the remainder. After some time the parties had a disagreement and the son subsequently asked his mother to cease occupation of the property

Issues

Whether the mother was entitled to continue occupying the house until it was sold, on the grounds that she was a tenant in common and thus entitled to have her co-possession of the property recognised. Further, how ought the law approach ownership where the parties in question have contributed unequally.

Decision/Outcome

Here, the Court held, with Lord Denning presiding, that the son was holding the property jointly on trust for his mother and himself and that the presumption of sale should not interfere with the mother’s right of occupation before then. Thus, where property is owned by tenants in common, all tenants are entitled to enjoy the benefits of the property and thus a constructive trust can be identified as existing. Further, ownership was considered generally to reflect each parties’ contributions to the purchase price, where there was no significant factor to indicate otherwise. Significantly, the legal principle of fairness was focused upon by the Court.

LawTeacher

LawTeacher

LawTeacher.net is the UK’s leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey’s Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: “UK Law”

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report