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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 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 disputed transfers of ownership. Although proprietary estoppel was only ...
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 brings uncertain results, e.g. if Peter intended to give up the farm, but before then had wanted to use the farm as a home given his old age. Cases like Ramsden and Crabb can easily be understood as proprietary estoppel, but he finds inheritance cases easier to understand as being remedied through a remedial constructive ...
Estoppel forms part of the rules of equity, which were originally administered in the Chancery courts. Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. words said or actions performed) which is different from an earlier set of facts.
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 .
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.
Crabb v Arun District Council [1975] EWCA Civ 7 is a leading English land law and contract case concerning "proprietary estoppel".Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration for upholding the bargain.
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