ABSTRACT

Land law is the study of proprietary rights, being estates or interests in land. The difficulties that can flow from an over-rigorous reliance on formality are mitigated by the doctrine of proprietary estoppel. Proprietary estoppel is to be understood as a mechanism whereby rights in, or over, land can be created informally. Proprietary estoppel has had a role in property law for many decades, being another example of the intervention of equity to mitigate the consequences of lack of compliance with the formality requirements of the common law or statute. Proprietary estoppel is a flexible doctrine that acts on the conscience of a landowner. The myriad circumstances in which proprietary estoppel can be established necessarily means that the remedy will vary from case to case. Proprietary estoppel can provide a defence to an action by a landowner who seeks to enforce his or her strict rights against someone who has been informally promised some right or liberty over the land.