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Proprietary estoppel ... bite size

 

To gain an interest in land by proprietary estoppel:

1) the claimant must prove that the legal owner of the property made a promise that the claimant would acquire an interest in the land
2) the claimant must have relied on that promise
3) the claimant must have acted to their detriment in reliance on the promise
4) the claimant must the persuade the court that it would be equitable to award them an interest in the land. The appropriate remedy will depend on the facts of each case and the court will 'weigh the material elements of advantage or disadvantage to those concerned' to identify the appropriate remedy to satisfy equity.

 
Key cases:
Taylor Fashions Ltd v Liverpool Victoria Trustees Co. Ltd [1982] QB 133
Cobbe v Yeoman's row Management Ltd [2008] UKHL 55
Thorner v Major [2009] UKHL 18

 

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