Binions v Evans

Binions v Evans [1972] EWCA Civ 6 is an English land law and English trusts law case, concerning a constructive trust 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.

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).

[1] Suppose, however, that the widow did not have an equitable interest at the outset, nevertheless it is quite plain that she obtained one afterwards when the Tredegar Estate sold the cottage.

Megaw LJ held that Mrs Evans had rather an equitable life interest, more than a contractual licence.

‘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.’[2] Stephenson LJ agreed with the other judges, including the judge below and gave his own judgment: But Bannister v Bannister is a clear decision of this Court that such words as have been used in this agreement (excepting, I must concede, the words "as tenant at will of them") create a life interest determinable (apart from the special considerations introduced by the Settled Land Act 1925) on the beneficiary ceasing to occupy the premises and the landlords hold the cottage to permit her to occupy it "during her life or as long as she lives", as the Judge held, and subject thereto in trust for them.