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Binions v Evans

Index Binions v Evans

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. [1]

9 relations: Bannister v Bannister, Constructive trust, Court of Appeal (England and Wales), English land law, English property law, English trust law, Gissing v Gissing, Leasehold estate, Tom Denning, Baron Denning.

Bannister v Bannister

Bannister v Bannister 2 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.

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Constructive trust

A constructive trust is an equitable remedy resembling a trust (implied trust) 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 enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.

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Court of Appeal (England and Wales)

The Court of Appeal (COA, formally "Her Majesty's Court of Appeal in England") is the highest court within the Senior Courts of England and Wales, and second only to the Supreme Court of the United Kingdom.

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English land law

English land law is the law of real property in England and Wales.

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English property law

English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales.

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English trust law

English trust law concerns the creation and protection of asset funds, which are usually held by one party for another's benefit.

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Gissing v Gissing

Gissing v Gissing is an English land law and trust law case dealing with constructive trusts arising in relationships between married couple.

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Leasehold estate

A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord.

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Tom Denning, Baron Denning

Alfred Thompson “Tom” Denning, Baron Denning, (23 January 1899 – 5 March 1999) was an English lawyer and judge.

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References

[1] https://en.wikipedia.org/wiki/Binions_v_Evans

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