Occupation by Co-Owners Flashcards
Re Buchanan-Woolaston’s Conveyance
5 property owners bought piece of land to prevent it being developed. Couldn’t be sold without consent of all owners. Beneficiaries had no rights in the plot of land as held it on a trust to sell, but courts refused sale - there was a purchase for the purpose and the trustees shouldn’t be directed to sell in breach of that.
Bull v Bull
Couple bought house, husband’s mother moved in on the basis that she would build extension, notice to quit served on mother. Denning found a purpose trust, purpose to enable couple and mother to live together as long as mother wanted.
James v Challenger
Basic assumption when couple buy property together is that they wanted to provide family home, use of purpose trust became redundant with matrimonial divorce legislation introduced.
Re Ever’s Trust
Where unmarried couple buy property the purpose is harder to infer, in general purpose terminates on seperation.
Stack v Dowden
Claim for compensation for exclusion from property was awarded but negated as he had failed to pay maintenance to children.
Rodway v Landy
Doctor’s surgery and living accommodation were physically seperated.
Manchester Airport v Dutton
Somebody who was an exclusive licensee could sue other people in trespass, blurred lines between ownership and non-ownership.
Wood v Leadbitter
Racegoer had ticket for races but was ejected, licence could be revoked at any time.
Re Hampstead Garden Suburb Institute
Condition read into revocation of licenses that there is an entitlement to a reasonable period of notice.
Winter Gardens v Millenium Productions
Case concerned right to sell snacks at theater. Couldn’t be property right as no exclusive possession, held it was a licence supported by contract for a particular length of time, licence couldn’t be revoked in breach of contract.
Errington v Errington
If contract is attached to licence it is irrevocable unless in accordance with the contract, doctrine of equitable licences.
Eves v Eves
Property was reconstructed with husband’s money. Held wife wouldn’t have devoted to much labour to the property unless she’d been promised some interest. Interest was that husband wouldn’t terminate her right to live there while the relationship continued.
Pascoe v Turner
Married man told mistress house they had been living in was hers. Woman spent money on repairs. Represented a detrimental reliance on the agreement that had been made, held to give rise to contractual arrangement, house should be transferred to her.
Verall v Great Yarmouth Borough Council
Licence was granted to have political meeting in town hall, council tried to cancel as it would likely cause uproar, court enforced specific performance.
National Provincial Bank v Ainsworth
Denning tried to assert “deserted wife’s equity”, was overturned at House of Lords, held she only had personal licence against her husband. Matrimonial Homes Act enforced Denning’s opinion.
