Abstract
As is well known, section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 effected a fundamental change in the law respecting formalities for contracts relating to land, rendering the doctrine of part performance obsolete.' Yaxley v Gotts2 presented the Court of Appeal3 with the opportunity to determine how far other equitable remedies, in particular proprietary estoppel, survive the new provisions. Regrettably, the court did not deal with the question as clearly as might have been hoped. Although the judges unanimously recognised the claimant's informally created property rights, the judgments did not fully explore the relationship between section 2, constructive trusts and proprietary estoppel. The extent to which equitable remedies can protect a claimant falling foul of section 2 accordingly remains obscured by opaque judicial reasoning.
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