chapter  7
36 Pages

Proprietary estoppel

WithJudith Bray

This chapter describes the main elements of proprietary estoppel. It aims to understand what constitutes a representation. The chapter explains what is meant by detrimental reliance. It discusses the remedies that may be granted by the courts. The chapter explores how rights under proprietary estoppel may be lost. Proprietary estoppel is an informal way of acquiring rights in land. It has its roots firmly in the law of equity as it allows the claimant the right to claim land even where the strict formalities have not been complied with. So the importance of proprietary estoppel is that it allows persons to claim that they have rights where the ordinary formalities associated with the transfer of land have been ignored. Proprietary estoppel has its limitations and it is not open to everyone who has failed to meet the strict formal requirements necessary for the transfer of rights in property.