Land Law Essay Help: Proprietary Estoppel

Proprietary estoppel usually arises where a representation is made that consists of a promise of an interest in land. Where the owner of land (A) knowingly allows his rights to be infringed by another (B) who has acted in respect of the land to his detriment (for example, by spending money on the land) in the mistaken belief that it belonged to B, A could not afterwards be allowed to assert his own title to the land.

The three-fold test that has developed is based not on B's mistake but on an agreement between A and B or on A's encouragement of B's expectation.

The court will inquire:
(a) whether an equity in favour of B arises out of the conduct and relationship of the parties;
(b) what is the extent of the equity, if one is established; and
(c) what is the relief appropriate to satisfy the equity.

Proprietary estoppel must be distinguished from the doctrine of constructive trust but the two concepts may coincide in the area of a joint enterprise for the acquisition of land. The principle is called proprietary estoppel, but sometimes estoppel by acquiescence or estoppel by encouragement. Unlike other kinds of estoppel, proprietary estoppel may be a cause of action but only where it involves the promise of an interest in land.

This study area has been created by our experts to help students with Administrative Law Essay and Problem Questions. If you require further help with your question, why not order a fully customised model answer on which to base your assignment? Use our online order form to submit your request and you could have a complete model answer written to your specification within 24 hours.