Proprietary Estoppel

• Proprietary estoppel


  An equitable doctrine that prevents a person from denying rights in property where another has relied on a representation to their detriment
• Proprietary estoppel


  • Willmott v Barber (1880) 15 Ch D 96: Establishes the five probanda (essential elements) of proprietary estoppel
• Representation


  A promise, assurance, or encouragement made by the landowner that leads the claimant to believe they have or will acquire rights in the property
• Representation


  • Thorner v Major [2009] UKHL 18: Discusses the nature and forms of representation in the context of proprietary estoppel
• Reliance


  The claimant's act or omission in reliance on the landowner's representation, which may involve expenditure, work, or other detriment
• Reliance


  • Gillett v Holt [2001] Ch 210: Illustrates the requirement of reliance in the context of proprietary estoppel
• Detriment


  The disadvantage suffered by the claimant as a result of their reliance on the landowner's representation, which makes it unconscionable for the landowner to deny the claimant's rights
• Detriment


  • Jennings v Rice [2002] EWCA Civ 159: Discusses the nature and assessment of detriment in proprietary estoppel claims
• Unconscionability


  The principle that it would be unjust or inequitable for the landowner to go back on their representation and deny the claimant's rights in the property
• Unconscionability


  • Uglow v Uglow [2004] EWCA Civ 987: Illustrates the requirement of unconscionability in proprietary estoppel claims
• Satisfaction


  The process by which the court determines the appropriate remedy to satisfy the equity arising from proprietary estoppel, which may involve the grant of a proprietary interest, monetary compensation, or other relief
• Satisfaction


  • Sledmore v Dalby (1996) 72 P & CR 196: Discusses the principles governing the satisfaction of the equity in proprietary estoppel claims
• Assurance


  A type of representation that involves a clear and unequivocal promise that the claimant has or will acquire rights in the property
• Assurance


  • Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55: Illustrates the concept of assurance in the context of proprietary estoppel
• Encouragement


  A type of representation that involves conduct or words that create an expectation in the claimant's mind that they have or will acquire rights in the property
• Encouragement


  • Coombes v Smith [1986] 1 WLR 808: Illustrates the concept of encouragement in the context of proprietary estoppel
• Acquiescence


  A type of representation that involves the landowner's passive acceptance or tolerance of the claimant's mistaken belief that they have rights in the property
• Acquiescence


  • Crabb v Arun District Council [1976] Ch 179: Illustrates the concept of acquiescence in the context of proprietary estoppel
• Expectation interest


  The interest in the property that the claimant expected to receive based on the landowner's representation, which may guide the court in determining the appropriate remedy
• Expectation interest


  • Jennings v Rice [2002] EWCA Civ 159: Discusses the role of expectation interest in the satisfaction of proprietary estoppel claims
• Reliance interest


  The interest in the property that is necessary to compensate the claimant for their detrimental reliance on the landowner's representation
• Reliance interest


  • Gillett v Holt [2001] Ch 210: Illustrates the concept of reliance interest in the context of proprietary estoppel
• Proportionality


  The principle that the remedy awarded should be proportionate to the detriment suffered by the claimant and the nature and extent of the landowner's representation
• Proportionality


  • Jennings v Rice [2002] EWCA Civ 159: Emphasizes the importance of proportionality in the satisfaction of proprietary estoppel claims
• Estoppel licence


  A type of proprietary estoppel that arises where the claimant is granted a temporary right to use or occupy the property in reliance on the landowner's representation
• Estoppel licence


  • Plimmer v Wellington City Corporation (1884) 9 App Cas 699: Illustrates the concept of estoppel licence in the context of proprietary estoppel
• Promissory estoppel


  A related equitable doctrine that prevents a person from reneging on a promise that another has relied on to their detriment, but which does not normally create proprietary rights
• Promissory estoppel


  • Combe v Combe [1951] 2 KB 215: Discusses the distinction between promissory estoppel and proprietary estoppel