Show Summary Details
Page of

(p. 287) 10. Proprietary estoppel 

(p. 287) 10. Proprietary estoppel
Chapter:
(p. 287) 10. Proprietary estoppel
Author(s):

Sandra Clarke

and Sarah Greer

DOI:
10.1093/he/9780198809555.003.0010
Page of

PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 09 April 2020

This chapter looks at another way of acquiring an interest in land, through the doctrine of proprietary estoppel. It discusses the two-stage process of acquiring an interest in land through proprietary estoppel: establishing an equity and satisfying the equity. It explains the three main elements that need to be proved to establish the equity. These are assurance, reliance, and detriment, and it gives case law examples of where these have been considered. It considers the wide range of remedies that may be awarded at the court’s discretion. It then looks at some interesting recent developments in proprietary estoppel and addresses an overarching element of proprietary estoppel claims: unconscionability. Finally, it examines the differences between the constructive trust and proprietary estoppel.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.