Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Property law weekly: estoppel and enfranchisement rulings, conveyancing reform, HMLR e-signatures, BSA remediation, Welsh renting, Scottish arbitration and servitudes — 9 October 2025

Published on: 09 October 2025

Published by a LexisNexis Property expert
Legal News
imgtext
Article summary

In this issue:

  • Transferring property
  • Residential property
  • Property in Wales
  • Statutory compliance
  • Environment, energy and buildings
  • Easements, rights and covenants
  • Property taxes
  • Property in Scotland
  • Additional property updates this week
  • Daily and weekly news alerts
  • New and updated content
  • Trackers

Transferring property

Failure of proprietary estoppel claim—statements too vague

In Maile v Maile [2025] EWHC 2494 (Ch), the High Court rejected two grandsons’ proprietary estoppel case against their late grandmother’s estate. The court held that testamentary assurances must be specific, unequivocal and carry an air of finality, not merely reflect present intention, and that claimants must show they would have behaved differently absent the alleged promises. The grandsons contended they were to receive a 170‑acre farm valued at £1.73m, relying on repeated remarks from childhood that “one day this will all be yours”. However, a 2016 codicil restored an equal division between the grandmother’s daughters, displacing a 2011 codicil that had favoured the grandsons. The judge found the words relied upon were too general and imprecise to amount to the necessary clear representations. Critically, both grandsons carried on in the same way even after discovering the testamentary change, defeating any assertion of detrimental reliance. Applying authorities...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow