Proprietary estoppel

28 December 2022

As part of your LLB course, you will learn about proprietary estoppel, which is a method of acquiring a proprietary interest in land without completing the proper procedures.The proprietary estoppel doctrine can be used to establish freehold ownership, a lease, a licence, or an easement.It is based on unconscionable conduct and can be used to award a property interest as a remedy when it would be unconscionable for the legal title holder to refuse the claimant’s entitlement.The experienced law tutor in London has all the knowledge you need on this subject so call them today.

Three requirements of proprietary estoppel

There are three requirements to establish an equity for proprietary estoppel: firstly, an assurance that gives rise to the expectation that the claimant will have interest in land. Secondly, the claimant must show that he or she relied on the assurance and thirdly, as a result of the assurance, the claimant must have acted to their detriment.Do not get alarmed by these requirements, as the highly capable law tutor in London will guide you on these three elements.

Effect of proprietary estoppel

If all three criteria are present and estoppel has been established, this creates an equity, which is the right to seek a remedy from court.However, the claimant is not always entitled to a remedy; this is still at the discretion of the court.

Potential remedies may include:

• the transfer of the freehold
• the right to reside for life
• the granting of an easement
• the award of ‘no remedy’
• the granting of a financial award

To sharpen your knowledge in this area or any other area of law, contact the highly knowledgeable law tutor in London.