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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 ...
He said though he would not disagree about proprietary estoppel, he would ‘find it easier and more comfortable to regard David’s equity as established via a remedial constructive trust.’ The elements of a claim are clear assurance, reasonable reliance, substantial detriment.
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 ...
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. [1]
This is that where trust funds are wrongly mixed with the trustee's personal funds, used for an investment, and the money is thus not recoverable, the beneficiaries are allowed to "elect" whether the investment is to be held as a security for the amounts owed to them, or whether to take the unauthorised investment as part of the trust fund.
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.
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Furthermore the more recent cases indicate, in my judgment, that the application of the Ramsden v Dyson LR 1 HL 129 principle – whether you call it proprietary estoppel, estoppel by acquiescence or estoppel by encouragement is really immaterial – requires a very much broader approach which is directed rather at ascertaining whether, in ...