Binions v Evans [1972]

Facts

  • The defendant was allowed to live in a cottage on some land for life, in return for maintaining that cottage
  • That land was sold to the claimant, who had notice of the defendant’s presence, and paid less for the land as a result of this knowledge

Issue

Decision

  • No

Reasoning

  • 2 members of the Court of Appeal found the defendant to be a tenant for life, which could bind successors under the Settled Land Act
  • Lord Denning found there to be a contractual licence, which combined with notice and a lower purchase price, created a constructive trusts capable of binding successors
RELATED CASE  Wong v Beaumont Property Trust [1965]

Posted in Land Law Revision Notes.

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