Andrew Vinson assesses how proprietary estoppel relates to oral contracts In all cases, the inquiry in relation to a potential proprietary estoppel is concerned with the overall result of the parties’ dealings. What is the position in which the parties would be if the court did not intervene? Proprietary estoppel is a fertile ground for …
Continue reading "Proprietary estoppel: Crossing the line"
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Mark Pawlowski examines a recent case on the inter-relationship between proprietary estoppel and statute On appeal, Snowden J, agreeing with the trial judge, concluded that s2(1) was aimed at problems in the formation of contracts for sale of land, whereas an estoppel remedied unconscionability in the assertion of strict legal rights The recent High Court …
Continue reading "Informal agreements and estoppel: Formality no bar to estoppel"
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Amanda Tipples QC examines the interaction of common intention constructive trusts and proprietary estoppel in light of the decision in Matchmove v Dowding ‘For a party to succeed on a claim to enforce an oral bargain in respect of land, coupled with reliance and detriment, it needs to base its case on a common intention …
Continue reading "CICTs And Section 2: Some thoughts from the Bar"
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Wills & Trusts Law Reports | March 2017 #167The appellant appealed a decision regarding the enforceability of an agreement to sell a piece of land through proprietary estoppel and constructive trust notwithstanding the absence of a written contract.
F, a property developer, was the moving spirit of the appellant (M). In 2002, F began negotiations with G for the purchase of a plot of land (the land) and a meadow (the meadow). F intended to divide the land into two plots. Plot 1 and plot 2 would be sold separately. G did not want to sell until he had planning permission, which was granted in 2003.
By late 2003, a ‘comm...
Mark Pawlowski asks whether there is scope for giving effect to informal land agreements by applying the doctrine of proprietary estoppel ‘The question remains as to whether an estoppel on its own (independently of any finding of a constructive trust) can operate so as to enforce an agreement for sale notwithstanding non-compliance with s2(1), Law …
Continue reading "Proprietary Estoppel: A separate cause of action?"
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Wills & Trusts Law Reports | November 2015 #154The appellant (Mr Herbert) owned the freehold of a house and a large garden. The respondents (Mr Doyle and Mr Talati) owned the freehold of an adjacent property comprising a dental surgery with nine parking spaces. They also leased part of the ground floor in the main house from Mr Herbert. They carried on a practice as dental practitioners from the freehold and leasehold premises and they and their clients used the parking spaces. Mr Herbert wished to develop the former walled garden of Mansfield House and to build mews houses, but to do so he needed Mr Doyle and Mr Talati to exchange s...
