Bull v Bull [1955]

Bull v Bull [1955] 1 QB 234 is an England land law case concerning constructive trusts arising from join tenancies.

A mother and a son jointly purchased a property. However, the son contributed a greater proportion of the original purchase price and held full legal title to the house. The understanding between the parties was that both would live in the property, with the mother occupying two rooms and the son being the primary user of the rest. A disagreement arose, and the son requested his mother to cease her occupation of the property.

The main issue was whether the mother had the right to continue occupying the house until it was sold. This was based on the argument that she was a tenant in common and, therefore, entitled to have her co-possession of the property recognised. Additionally, the case raised the question of how the law should address ownership in situations where the parties have contributed unequally.

The Court, with Lord Denning presiding, held that the son was holding the property jointly on trust for both his mother and himself. The presumption of sale should not interfere with the mother's right of occupation until the property was sold. The Court recognised the existence of a constructive trust where property is owned by tenants in common, and all tenants are entitled to enjoy the benefits of the property.

Furthermore, the Court considered that ownership generally reflects each party's contributions to the purchase price unless there is a significant factor indicating otherwise. In this case, the unequal contributions did not necessarily determine the beneficial interests, and the legal principle of fairness played a crucial role in the Court's decision. The Court focused on the parties' intentions and the equitable considerations of the situation. The decision in Bull v Bull underscores the flexibility of the law in recognising and enforcing constructive trusts based on the contributions and intentions of the parties involved.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.