In Greasley v Cooke, over a house in Riddings, the Court of Appeal affirmed that once an assurance is found, the burden of proof is on the defendant to show that it was not relied up to the claimant's detriment.
Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if
someone is given a clear assurance that they will acquire a right over property,
they reasonably rely on the assurance,
they act substantially to their detriment on the strength of the assurance, and
it would be unconscionable to go back on the assurance.
If these elements of assurance, reliance and detriment, and unconscionability are present, the usual remedy will be that the property will be transferred to the claimant, if the court views the reliance to warrant a claim in all the circumstances.
and 24 Related for: Proprietary estoppel information
Proprietaryestoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner...
from the original on 2012-08-13. Look up estoppel in Wiktionary, the free dictionary. Proprietaryestoppel Tenant Estoppel Agreements Promissory Estoppel...
acceptance." Under English law, estoppel by, promissory estoppel and proprietaryestoppel are regarded as 'reliance-based estoppels' by Halsbury's Laws of England...
registered to be effective. Third, people can acquire land through proprietaryestoppel. If someone is given an assurance that they will receive property...
Thorner v Major [2009] UKHL 18 is an English land law case, concerning proprietaryestoppel. On Peter Thorner's Steart Farm, Cheddar, Somerset, David Thorner...
saying estoppel must be a shield not a sword, and calling instead for Parliamentary intervention. On the other hand, in the case of land, proprietary estoppel...
Cooke [1980] 3 All ER 710 is an English land law case concerning proprietaryestoppel. Kenneth and Hedley Greasley owned a house on 32 George Street, Riddings...
Gillett v Holt [2000] is an English land law case concerning proprietaryestoppel and a farming businesses' dispute. The case focussed on a farmer of a...
Rice (EWCA Civ 159; 2002) is an English land law case concerning proprietaryestoppel. Mr Jennings, a gardener and bricklayer, sued the administrators...
A proprietary company, the characteristic of which is abbreviated as "Pty", is a form of privately held company in Australia, Namibia and South Africa...
v Turner [1979] 1 WLR 431 is an English land law case, a case of proprietaryestoppel. The husband, was a fairly successful man of commerce and at all...
Civ 7 is a leading English land law and contract case concerning "proprietaryestoppel". Lord Denning MR affirmed that where agreements concern the acquisition...
Re Basham [1986] 1 WLR applied a comparable test in relation to proprietaryestoppel. He held that the belief, for detrimental reliance, need not relate...
English land law on proprietaryestoppel. Due to a common mistake and no element of enticement to believe that mistake, estoppel was not available on...
Additionally, unconscionability is a necessary element to the finding of proprietaryestoppel. The leading case[citation needed] for unconscionability in the United...
by proprietaryestoppel, i.e. whether the provision in subsection 5 on resulting, implied or constructive trusts covers also proprietaryestoppel. Yaxley...
the High Court. It reaffirmed and extended the doctrine of promissory estoppel in contract law in England and Wales. However, the most significant part...
often cited for its holding regarding the doctrine of estoppel by acquiescence or proprietaryestoppel. The plaintiff, Willmott, was suing two defendants...
assurance concerns rights over property, a variant "proprietaryestoppel" does allow a claimant to plead estoppel as a cause of action. So in Crabb v Arun District...
Fashions v Liverpool Victoria Trustees (1979), a leading case on proprietaryestoppel Anon, Liverpool Victoria Friendly Society Centenary Celebration 1843-1943...
the agreement in order to give rise to a constructive trust or a proprietaryestoppel. In sharp contrast with this situation is the very different one...
land, probate and contract law case which established an example of proprietaryestoppel at the testator's wish overturning his last Will and Testament; the...
De facto corporation and corporation by estoppel are both terms that are used by courts in most common law jurisdictions to describe circumstances in which...
on the promised gift is essential, making the situation a form of proprietaryestoppel. English trusts law English land law English property law [Chal mera...
Global Information