Caunce v Caunce [1969]

Caunce v Caunce [1969] 1 WLR 286 is an English land law case that explored the application of the doctrine of notice in the context of married couples and the impact of a husband's unilateral decision to sell property without consulting the wife.

A husband and wife jointly contributed to the purchase price of a property intended as their matrimonial home. The property was unregistered land, and the husband obtained sole legal title. Without consulting his wife, the husband attempted to sell the property. The wife sought to prevent the sale by invoking the doctrine of notice. She argued that the purchaser failed to fulfil their duty to identify any beneficial interests in the property. Additionally, she claimed an overriding interest as per the Law of Property Act 1925, given her actual occupation of the property.

The key issue was whether the purchaser's failure to inspect the property for beneficial interests, leading to the discovery of the wife's interest, should bind them under constructive notice. Controversially, the court ruled in favour of the husband, holding that the wife could not employ the doctrine of notice because the law viewed her husband as having the authority to consent on her behalf.

This decision, however, was later overturned. In Williams & Glyn’s Bank v Boland [1980] and more explicitly in Kingsnorth Finance v Tizard [1986], the law evolved. It was established that a wife could indeed seek protection under the doctrine of notice. The current legal stance mandates that purchasers make inquiries about all occupants of a property, even when such occupancy aligns with the title being sold, ensuring that all potential beneficial interests are duly considered.

In conclusion, Caunce v Caunce stands as a case reflecting a historical perspective on the doctrine of notice in the context of marital relationships, with subsequent cases refining and broadening the protection afforded to spouses, particularly wives, in property transactions.
Back to blog

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.