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Binions v Evans

[1972] Ch 359

Case summary last updated at 24/02/2020 15:27 by the Oxbridge Notes in-house law team.

Judgement for the case Binions v Evans

D was allowed to have a lifelong rent-free lease by X. X then sold the house in which D lived to P, “subject to” the lifelong lease. P then tried to have D evicted. CA refused their claim, holding that purchasers with notice take property as constructive trustees for their person subject to whose right the property is sold. 
Lord Denning MR: “In these circumstances, this court will impose on the plaintiffs a constructive trust for her benefit: for the simple reason that it would be utterly inequitable for the plaintiffs to turn the defendant out contrary to the stipulation subject to which they took the premises.”

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