Land Law Conveyance

Issue

Whether or not Paul can evict George at will after Rose has passed on i.e. Does Paul retain an interest in the property? Would he be a licensee at best? What type of license will he fall under? Did he contribute or indirectly contribute in monetary or non-monetary term to the house? Did Rose, his daughter, make any promise to him before she passed on? Can Gorge be evicted without reasonable notice? Does Paul have to compensate Paul for evicting him? Can George argue to stay in the flat or demand for compensation?

Rule/Principle

Equitable interest; Occupier who name does not show up on title deed i.e. shows up 'off the area register' may have a few rights in value of decency, equity and good conscience. While not a legitimate interest, this is the place the law ventures into alleviate the harshness of the circumstance.

Joint Tenancy; Co-ownership of legal title can only be through a joint tenancy (s. 1(6) Law of Property Act 1925) A type of ownership of real or Personal Property by two or more persons in which each claims an undivided interest in the whole. In land law, joint occupancy is a phenomenal kind of ownership by two or more persons of the same property. The people, who are called joint tenants, offer equal obligation regarding property and have the proportional, brought together right to keep or toss the property. Joint tenure makes a Privilege of Survivorship. This benefit gives that if any of the joint occupants kicks the bucket, whatever is left of the property is exchanged to the survivors.

Trust; Individuals may control the dissemination of their property in the midst of their lives or after their going through the use of a trust. There are various sorts of trusts and various purposes behind their creation. A trust may be profited related point of preference of the individual making the trust, a surviving mate or minor children, or a beneficent reason. Regardless of the way that a grouping of trusts are permitted by law, trust course of action that are attempts to keep away from leasers or legitimate commitments will be broadcasted void by the courts.

In Bull v Bull [1955] the fact of this case is that a mother and son purchased a house. The son contributed more than the mother and soon the son became the sole legal owner of the house. They came to an agreement that his mother only occupies two rooms of the house, later he then have disputed to that matter and wishes to evict his mother so that he could sell the house away.
The court held that the mother could occupy the house while pending sale as the property was held to be on trust by the son for both himself and his mother. Lord Denning added fairness to this case for the trust of the sale system.