James v Evans
James v Evans
- 2000
- Estates Gazette [2000] 42 EG 173-179(7) .
CA 20 July 2000. In 1995 H advertised a farm to let for a period of 10 years. B was interested, H sent B a draft agreement and permitted B to take up occupation. In November all matters had been agreed save for a question relating to quota, and B forwarded his signed agreement to H's solicitors. H then died. In 1997 H's sister, as administratrix of H's estate, served B a notice to quit, and later commenced possession proceedings. After hearing argument, the judge gave the respondent summary judgment for possession. B appealed. Appeal dismissed. The circumstances of the case did not give rise to proprietary estoppel in favour of B, and the solicitor did not have authority to conclude a binding tenancy agreement upon H.
JAMES V EVANS
PROPRIETARY ESTOPPEL
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
CIVIL PROCEDURE RULES
AGRICULTURAL HOLDINGS
TENANCY AGREEMENT
CA 20 July 2000. In 1995 H advertised a farm to let for a period of 10 years. B was interested, H sent B a draft agreement and permitted B to take up occupation. In November all matters had been agreed save for a question relating to quota, and B forwarded his signed agreement to H's solicitors. H then died. In 1997 H's sister, as administratrix of H's estate, served B a notice to quit, and later commenced possession proceedings. After hearing argument, the judge gave the respondent summary judgment for possession. B appealed. Appeal dismissed. The circumstances of the case did not give rise to proprietary estoppel in favour of B, and the solicitor did not have authority to conclude a binding tenancy agreement upon H.
JAMES V EVANS
PROPRIETARY ESTOPPEL
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
CIVIL PROCEDURE RULES
AGRICULTURAL HOLDINGS
TENANCY AGREEMENT