ABSTRACT

The proprietary estoppel grants an equitable interest to a person who has been induced to suffer detriment in reliance on a representation or some assurance that they would acquire some rights in the property as a result. It is a remedial institution unlike the constructive trust. Estoppel appears to fulfil a number of these objectives at different times in different contexts depending on the merits of the individual case, which makes it appear to be a particularly equitable. Proprietary estoppel has been used in many situations to attempt to elevate purely personal claims into proprietary claims. One example of this tendency relates to estoppel licences. The principle of promissory estoppel is that a party to a contract can be estopped from reneging on a clear promise where it would be inequitable to renege on that promise and where the other party has altered its position in reliance on the promise.