7 - Proprietary Estoppel

Source - Unlocking Land Law

Before you read this chapter, briefly review proprietary license in chapter 6 and constructive trust in chapter 5. After  reading this chapter, one should have good understanding of the following:

1) Difference between proprietary estoppel and constructive trust - one is based on representation and other is based o common intention

2) Elements of PE - representation, reliance and detriment

3) Representation can be be positive or mere silence, can be made by self or through an agent. See the conflict between Taylor v Dickens and Gillett v Holt with regard to representation through will

4) Reliance (change of position rule) and its forms

5) Detrimental reliance and its form (eg, financial expense, personal disadvantage / suffering), see how equity played a role in Sledmore v Dalby

6) Remedies offered - share in the legal estate (rarely done), right to occupy for life, financial compensation, and other remedies. Also see the impact of prejudgment misconduct-before and after crystallization

7) Loss of right under PE

8) PE is capable for binding the successors / third parties (jus in rem) - see s116 of LRA

9) PE can generally be overreached but some cannot (eg easement, lease). With regard to unregistered land, this is still subject to notice

There is a tutorial activity at the end of the chapter which is useful.