Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Proprietary estoppel definition

What does Proprietary estoppel mean? Proprietary estoppel describes how equity may grant a right in or over land where a person reasonably relies on an assurance about that land and, acting to their detriment, it would be unconscionable for the landowner to go back on it. It is not defined by legislation; it is a case law doctrine in England and Wales, Northern Ireland and Ireland. Key features typically required are: (1) an assurance or representation of a right or future interest in land (often informal), (2) reliance on that assurance, (3) detriment, and (4) unconscionability. It commonly arises in family farm or home disputes, informal...

Proprietary estoppel in contentious trusts, wills, co-ownership and commercial contexts: elements, LP(MP)A 1989, remedies after Guest v Guest, and procedure (England and Wales)

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Practice notes

In Thorner v Major, Lord Walker opened his judgment by citing Simon Gardner’s Introduction to Land Law (2007), observing that no definition of Proprietary estoppel manages to be both exhaustive and beyond dispute, and that many efforts have achieved neither. This was Lord Walker’s opening point. He went on to note that most commentators concur that the doctrine rests on three core ingredients, though phrased in varied ways, as they put it differently: an assurance or representation made to the claimant; the claimant’s reliance upon it; and detriment suffered by the claimant as a result of that (reasonable) reliance. The overarching requirement, or touchstone, is unconscionability: unless holding the promisor to the promise would be unconscionable, the court will grant no relief. Once a right to relief is established, the court must devise an appropriate remedy. That question was central in the Supreme Court’s decision in Guest v Guest, which definitively held that the court’s aim is to fulfil the promise, tempered by consideration of whether doing so would be disproportionate to the detriment incurred, and by other matters such as ensuring the award does not exceed what was promised. Proprietary estoppel is invoked across a wide range of...

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Richard Dew

Ten Old Square

Richard Dew's practice is focussed on Wills, Estates and Trusts and related professional negligence. His practice is predominantly litigation, and he is frequently involved in large and complex claims. He also advises and represents in Court of Protection matters and provides expert advice in respect of tax and tax planning (principally capital taxation). Chambers and Partners describe him as a “’superb junior,’ who combines strong academic credentials … with a flair for litigation and ADR”.He is a member of STEP and ACTAPS. He has experience at all levels of litigation (with two recent cases in the Court of Appeal) and considerable experience in the conduct of mediation and alternative dispute resolution. Richard is an editor of Tolley's Inheritance Tax Planning and the Trusts and Estate Practitioner's Guide to Mental Capacity. He is a contributor to the recent book on...

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