The Law of Proprietary Estoppel

Abstract

This book provides a comprehensive and practically structured resource on the doctrine of proprietary estoppel. It offers answers to a number of difficult problems arising in recent litigation and guidance on managing proprietary estoppel cases. Relevant authorities are set out in an accessible format addressing issues that arise in practice, such as ‘reasonable reliance’, ‘unconscionable conduct’, and ‘satisfying the equity’. The long-standing doctrine of proprietary estoppel has come to prominence in recent years—it is regularly discussed by courts at all levels and is frequently pleaded by litigants wishing to show that they have informally acquired an interest in land. There is also much debate regarding the relationship between proprietary estoppel and other doctrines, such as constructive trusts and unjust enrichment. A problem faced by anyone seeking to make, or respond to, a proprietary estoppel claim is that the law is to be found almost entirely in cases. This second edition provides a clear structure with which to understand the law. It draws together all of the relevant scholarship on proprietary estoppel and makes reference to useful cases from outside the jurisdiction of England and Wales to aid understanding of the law and related doctrines.