References: [1916] 2 Ch 404
Coram: Sargant J
Ratio: A right to reside shared by two persons was recognized as a valid and effective right. Sargant J said: ‘I think that the effect of s58 is, broadly speaking, to give to the large class of persons comprised in the nine headings of subs(1) of s58 the powers of a tenant for life, although they are not strictly tenants for life by reason of their estates not being strictly estates for life. But, apart from that, I think that the persons who are dealt with under s58 are persons who fall within the general defining provisions of s2(5), under which in determining tenancy you have to regard beneficial title to possession’.
Statutes: Settled Land Act 1882 2(5) 58
This case is cited by:
- Cited – Binions v Evans CA ([1972] 2 All ER 70, [1972] Ch 359, Bailii, [1972] EWCA Civ 6, [1972] 2 WLR 729)
The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other . .
(This list may be incomplete)
Last Update: 18 March 2019
Ref: 450173
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