Oxford University Press 2011) 328 [ 5 ]. However, it has been suggested that they do not apply in the context of public law matters, such as the grant of planning permission. Unfortunately for the person who relies on a promise in that context, it is almost certain that their claim to an interest in that land would fail. In our judgment there is not good reason for extending the principle further. Copyright © Inbrief, All Rights Reserved. The remedy given will depend on the facts of each case but they can be extremely serious for the legal owner or their estate. This will no doubt be of concern to many landowners as proprietary estoppel claims often lead to adversarial, lengthy and very bitter litigation. This type of law operates under what is known as unconscionable behaviour. B must be able to show that he actually relied on the promise by Farmer A. Still have a question? However, the mere existence of an ‘equity’ does not predetermine the appropriate remedial response. Once these have been established, the claimant may well be entitled to remedial relief. It may also be the case that the decision would have been the same whether or not he received the promise, as the decision benefitted B in other ways. 240 Blackfriars Road London SE1 8NW DX 53 Chancery Lane, Telephone: +44 (0)20 7629 7411 One difficulty in deciding these kinds of cases is that although an assurance has been made to the claimant in the way of a will, the claimant is also aware that the will could be revoked at any time therefore the question to be asked is whether their reliance based on the assurance was adequate. Thorner v Major (2009) 1 WLR 776 [ 13 ]. The doctrine of proprietary estoppel can be used to create freehold ownership, a lease, a licence or an easement. Retrieved from https://phdessay.com/land-law-proprietary-estoppel/. Burges Salmon shortlisted for brace of accolades at STEP Private Client Awards, Important landowner success in Rees v Earl of Plymouth, UK Global Tariff: customs duty and cash flow, Expert witnesses: the ALT bares its teeth, and bites. If you would like further guidance on proprietary estoppel, please contact Kevin or Caroline. Lord Walker stated in the case of Thorner v Major (2009) “There is no definition of proprietary estoppel that is both comprehensive and uncontroversial…the doctrine is based on three main elements, although they express them in slightly different terms: a representation or assurance made to the claimant; reliance on it by the claimant; reliance on it by the claimant; and detriment to the claimant in consequence of his (reasonable) reliance” One view on unconscionaibility stated that ‘Once there has been detrimental reliance on an assurance, it is unconscionable to withdraw it’ therefore if it cannot be proven that an assurance existed then it wont be unconscionable for it to be withdrawn showing that unconscionaibility is a running theme within proprietary estoppel rather than a separate element. Strategically, a claimant will often try to combine a claim based on proprietary estoppel with other claims such as constructive trust or a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if they are eligible to do so. [7] In all cases, the minimum pattern of an assurance, reliance and some form of detriment is present. Common expectation cases are dealt with more generously by judges, compared to passive cases, as the promisor has lead the claimant to have a reasonable belief that they would acquire the land therefore leading them to rely upon that assurance causing them to suffer a detriment. Although Megaw LJ considered that the doctrine of proprietary estoppel had no application in a public law context, the developing doctrine of legitimate expectation in public law provides a close analogy with proprietary estoppel. And it can be. can use them for free to gain inspiration and new creative ideas for their writing assignments. Name must have at least 0 and no more than 256 characters. Nigel Gravells, Land Law: Text and materials, (4th edn. The law says that it is unfair for the other party to then go back on their word where the representation or assurance has been relied upon to their detriment. Inwards v Baker (1965) 2 QB 29 [ 8 ]. The case of Sabey v.Rommel (2014) featured a farm employee, Sabey, who had a proprietary estoppel case when he was promised he would inherit the farm by the owner. However these criteria were criticised for being too strict leading to the broader approach established in Taylor Fashions Ltd v Liverpool Trustees Co Ltd (1982) where Oliver J stated: ‘whether, in particular individual circumstances, it would be unconscionable for a party to be permitted to deny that which, knowingly or unknowingly, he has allowed or encouraged another to assume to his detriment’.

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