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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 ...
Proprietary estoppel claims, therefore do not necessarily result in the transfer of the property to the claimant; in Jennings v Rice itself, there was a monetary award. In June 2008 the House of Lords re-visited the doctrine of proprietary estoppel, and in the process was quite fierce in describing its limits.
In English law, proprietary estoppel is distinct from promissory estoppel. Proprietary estoppel is not a concept in American law, but a similar result is often reached under the general doctrine of promissory estoppel. Traditionally, proprietary estoppel arose in relation to rights to use the land of the owner, and possibly in connection with ...
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 ...
Proprietary estoppel Willmott v Barber , (1880) 15 Ch D 96, is an 1880 English case decided by Justice Edward Fry . The case is often cited for its holding regarding the doctrine of estoppel by acquiescence or proprietary estoppel .
Jennings claimed that either he had: a claim under the Inheritance (Provision for Family and Dependants) Act 1975; or under a contract regarding land not falling foul of the Acts on formalities; or that he had a right to the house under the doctrine of proprietary estoppel. The administrator contested all three heads of claim.
Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, commonly called High Trees, is a leading opinion in the High Court relating to contract law.It reaffirmed and extended the doctrine of promissory estoppel in the contract law of England and Wales.
Proprietary estoppel [ edit ] S. 2 of the Act repealed s. 40 of the Law of Property Act 1925 , thus abolishing the equitable doctrine of part performance with respect to dispositions of interests in land, which had been recommended by the Law Commission of England and Wales . [ 14 ]