Binions v Evans [1972] EWCA Civ 6 (27 January 1972)

Binions v Evans [1972] EWCA Civ 6 (27 January 1972)

Where a purchaser acquires property expressly subject to a contractual licence or agreement for occupation, and with notice of the licensee's rights, equity imposes a constructive trust binding the purchaser to permit the licensee to remain, preventing eviction contrary to the agreement.

Citation
[1972] EWCA Civ 6
Parties
Appellant Plaintiff: Binions; Respondent Defendant: Evans
Jurisdiction
England and Wales
Judgment Date
27 January 1972
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Constructive Trust, Contractual Licence, Tenancy at Will, Tenancy for Life, Settled Land Act 1925, Protection of Licensees, Notice to Purchasers
Property Law Equity Constructive Trust Contractual Licence Tenancy at Will Tenancy for Life Settled Land Act 1925 Protection of Licensees +1 more

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Parties

Binions

Appellant Plaintiff

Evans

Respondent Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Nature of Mrs. Evans' interest in the cottage
  2. 2 Whether purchasers with notice are bound by the agreement
  3. 3 Whether the agreement creates a tenancy at will, tenancy for life, leasehold, or licence

Ratio Decidendi

Where a purchaser acquires property expressly subject to a contractual licence or agreement for occupation, and with notice of the licensee's rights, equity imposes a constructive trust binding the purchaser to permit the licensee to remain, preventing eviction contrary to the agreement.

Court Disposition

appeal dismissed

Orders

  • Appellant being legally aided, order as to costs adjourned for application to be made to Legal Aid Fund to pay Appellant's costs.