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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 ...
It so happens that in many of these cases of proprietary estoppel there has been expenditure of money. But that is not a necessary element. I see that in Snell's Principles of Equity, 27th ed. (1973), p. 565, it is said: “A must have incurred expenditure or otherwise have prejudiced himself.” But I do not think that that is necessary.
No trust could be inferred, but the encouragement to improve the house in the belief it was hers created a proprietary estoppel. A mere licence can be defeated by a sale of the house, so to comply with equity the legal owner, her ex-cohabitee was ordered to execute a conveyance.
So with proprietary estoppel the defendant is charged with satisfying the equity which has arisen from the whole sequence of events. But the parallel is only faint since in the case of estoppel there is no contract and the nexus between the benefactor's assurances and the resulting equity is less direct; the assurances are only half the story.
Contract, proprietary estoppel, law of deeds, required formalities in conveyancing, imperfect gift, variation of wills Dillwyn v Llewelyn [1862] is an 'English' land , probate and contract law case which established an example of proprietary estoppel at the testator's wish overturning his last Will and Testament; the case concerned land in ...
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This was cited in Spencer, Bower and Turner on estoppel by Representation, Second Edition (1966) at pages 279 to 282. The basis of this proprietary estoppel - as indeed of promissory estoppel - is the interposition of equity. Equity comes in, true to form, to mitigate the rigours of strict law. The early cases did not speak of it as "estoppel".
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