Yaxley v Gotts
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[1999] 2 FLR 941
[2000] 1 All ER 711
(2000) 32 HLR 547
[1999] 3 WLR 1217
[1999] 2 EGLR 181
[2000] Ch 162
[1999] EG 92
[1999] Fam Law 700
(2000) 79 P & CR 91
| Yaxley v Gotts | |
|---|---|
.jpg) | |
| Court | Court of Appeal |
| Full case name | Yaxley (respondent) v Gotts and another (appellants) |
| Decided | 24 June 1999 |
| Citations | [1999] EWCA Civ 3006 [1999] 2 FLR 941 [2000] 1 All ER 711 (2000) 32 HLR 547 [1999] 3 WLR 1217 [1999] 2 EGLR 181 [2000] Ch 162 [1999] EG 92 [1999] Fam Law 700 (2000) 79 P & CR 91 |
| Transcript | Court-approved transcript of appeal judgment |
| Case history | |
| Prior action | Appellants also lost in High Court sitting in the County Court before HHJ Downes. |
| Subsequent action | none. |
| Case opinions | |
| Decision by | Clarke LJ Beldam LJ Walker LJ |
| Keywords | |
| Contract, sale of land (grant of lease), section 2(5) Law of Property (Miscellaneous Provisions) Act 1989; fraud or unconscionable conduct; specific performance | |
Yaxley v Gotts [1999] is an English contract law case with specific relevance to formalities in land law. The case deals with whether section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 which requires that contracts be in writing prevents an oral contract from taking effect where otherwise an interest would arise by proprietary estoppel, i.e. whether the provision in subsection 5 on resulting, implied or constructive trusts covers also proprietary estoppel.[1]
Yaxley was a self-employed builder who attempted to persuade Gotts to lend him money for the purchase of a building. Gotts instead bought the building but agreed Yaxley could have the bottom floor in return for renovating the other flats and managing the building. After performing the work at his own cost and time. Yaxley argued that an oral agreement between himself and Mr. Gotts was to reward him with ownership of the ground floor of the building. Gotts failed to convey the title deeds in the name of Yaxley. Yaxley sued Gotts.[2]
Whilst the plaintiff was working on the top two floors between January and March 1992, he was doing so in the mistaken belief that Brownie Gotts was the owner of the property; Alan Gotts, the owner, knowing of this mistaken belief, allowed the plaintiff to continue to carry out the work on his property knowing that his father had represented that the plaintiff would have the ground floor.[2]
Judgment
The judge in the case took (found credible) most of the evidence of Yaxley, not that which conflicted from the defendants.[3] In the end, the Judge found an oral contract between the plaintiff and defendants existed. This entitled the plaintiff to ownership in the form of a 99 year lease on the portion of the structure per the agreement.[4][2]