is an

English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...

and

English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...

case, concerning a

constructive trust A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enri ...

of land (a home) which will often be irrevocable whilst the occupier is in occupation as opposed to a licence to occupy — and/or a tenancy at will which is similar save that without transfer of the underlying property it can be revoked without cause. The case hinged on the fact there was an agreement specifying the existing occupier was to remain. ''

Bannister v Bannister ''Bannister v Bannister'' 9482 All ER 133 is an English trusts law case, upholding a constructive trust of land against a relative who took title to the land, with a promise back to the transferor she could remain in her cottage for life. Facts ...

'' (1948) 2 All ER 133 was followed and approved.

Facts

Mr and Mrs Binions promised the sellers to allow Mrs Evans to remain in her cottage for life when they bought it. Mrs Evans's relationship pre-dated the Binions' interest in the property (the Tredegar Estate had allowed her and her husband before he died, a servant of theirs to occupy and had entered into its standard tenancy with her as the survivor). The Binions family argued she was a ‘tenant at will’.

Judgment

Lord Denning MR Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...

held that Mrs Evans could assert her right to remain in the cottage against the Binions even though she had no legal or equitable property right as such.

972 Year 972 ( CMLXXII) was a leap year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Spring – Emperor John I Tzimiskes divides the Bulgarian territories, recent ...

Ch 359, 367 A contractual licence is itself an equitable interest in land. Megaw LJ held that Mrs Evans had rather an equitable life interest, more than a contractual licence. He noted the possibility of a tort being commissioned if someone knowingly acquires a right with the intention of not allowing someone to exercise their contractual right. ‘However, it may be that there are special technical considerations in the law relating to land that would require to be reviewed before one could confidently assert that the ordinary principles as to the protection of known contractual rights would apply.’

Ch 359, 371 Stephenson LJ agreed with the other judges, including the judge below and gave his own judgment:

References

{{reflist, 2 English land case law Court of Appeal (England and Wales) cases 1972 in case law 1972 in British law

Facts

Judgment

See also

References