What is the purpose of proprietary estoppel?
What is proprietary estoppel? Proprietary estoppel is a claim where a party claims a right to land belonging to another party, in circumstances where the claimant has been led to believe, by a promise (by words or conduct) by the other party, that they have or can expect to be given an interest in the land.
How do you prove proprietary estoppel?
In order to bring a successful proprietary estoppel claim, three essential elements must be present: Assurance – There must have been a representation or assurance which created an expectation on the part of the claimant that they were or would become entitled to a right or interest in the defendant’s land.
Is proprietary estoppel a cause of action?
Proprietary estoppel is a flexible and useful cause of action. Instances of parties claiming entitlement to equitable relief by way of proprietary estoppel have increased markedly in the last few years.
What is the difference between constructive trust and proprietary estoppel?
A constructive trust is founded upon a common intention that can either be expressed or inferred but cannot be based upon an intention that the parties never in fact had. Estoppels may be claimed where there has been either a representation or acquiescence that an interest in property is to arise.
Can you sue for estoppel?
Damages in Estoppel Claims There cannot be a written contract, for there to be promissory estoppel. Although you can sue for both, ultimately, a Plaintiff in a court case will have to choose between estoppel or breach of contract if there is a written agreement.
What is the principle of estoppel?
Estoppel is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. It is meant to prevent people from being unjustly wronged by the inconsistencies of another person’s words or actions.
What is proprietary estoppel law teacher?
Proprietary estoppel is demonstrated by the courts when they “protect the expectations of the non-owner and may award the non-owner as much as a full ownership interest in the land if justice demands” . It is an equitable doctrine which would allow S to assert rights despite the absence of formalities.
How many kinds of estoppel are there?
Estoppels are of seven kinds: 1. Estoppel by record; 2. Estoppel by deed; 3. Estoppel by conduct; 4.
When is proprietary estoppel a cause of action?
Unlike other kinds of estoppel, proprietary estoppel may be a cause of action but only where it involves the promise of an interest in land. In Dillwyn v Llwellyn (1862) 4 De GF&J 517 a father promised a house to his son who took possession and spent a large sum of money improving the property.
What’s the difference between constructive trust and proprietary estoppel?
Proprietary estoppel must be distinguished from the doctrine of constructive trust but the two concepts may coincide in the area of a joint enterprise for the acquisition of land. The principle is called proprietary estoppel, but sometimes estoppel by acquiescence or estoppel by encouragement.
What was Lord Scott’s approach to proprietary estoppel?
Lord Scott’s approach was based on seeing proprietary estoppel as a form of evidential estoppel and therefore as depending on A’s being prevented from denying a matter of fact or of law. On this view, B’s claim could not succeed as he could not identify a matter of fact or law that A was prevented from denying.
What happens if House of Lords rejects proprietary estoppel claim?
If the Houseof Lords were to reject B’s proprietary estoppel claim, it would have to consider his claim in unjust enrichment, and his claim for a constructive trust. The House of Lords was unanimous in allowing A’s appeal, and finding that B had no proprietary estoppel claim.