Proprietary estoppel remedies. This article explains how Proprietary Estoppel works, the types of situations it commonly arises Proprietary estoppel operates on the unconscionable behaviour and can be used to award an interest in land as a remedy where it would be unconscionable for the holder of the legal title to deny the claimant's entitlement. com Oct 20, 2024 · What is proprietary estoppel? Proprietary estoppel is an equitable doctrine (primarily concerned with property) that provides a remedy when one party has relied on a promise or assurance given by another, leading to detriment when that promise or assurance is reneged on. In Guest v Guest, 1 the Supreme Court sought to provide clarity on the principles surrounding proprietary estoppel amid an upsurge in cases invoking this equitable remedy. There are three main elements of the doctrine: A promise or assurance made to the Claimant by another, either explicitly or Sep 13, 2023 · Successful uses of propriety estoppel If a Claimant successfully uses proprietary estoppel as a sword, seeking to enforce a right against a landowner in consequence of an assurance, the court can award the Claimant any remedy it deems appropriate. What is the Nov 1, 2022 · Where a Court finds proprietary estoppel to have arisen, a frequent question which arises is: what is the appropriate remedy? The Supreme Court has clarified in Guest and another v Guest [2022] UKSC 27 the proper basis for awarding remedies in cases of proprietary estoppel. The practical remedial question of how best to enforce B’s rights arises irrespective of the means by which those rights have been acquired, and so this chapter makes no distinction between the three strands of proprietary estoppel. Jan 18, 2019 · Because proprietary estoppel is an equitable cause of action the remedy is flexible and discretionary. Here Proprietary estoppel remedies: Expectation and acceleration The court cannot give a claimant more than the promised expectation whether by way of the amount or accelerated receipt. May 8, 2025 · Proprietary Estoppel is a powerful legal tool in England and Wales, often used to enforce informal promises concerning land and property. Proprietary Estoppel: Principles and Remedies Update Pinning down the doctrine “Whilst it is possible to give a general formulation for the doctrine, it really operates only at a relatively high level of abstraction”: Snell’s Equity (2020) (34th ed). Mar 19, 2024 · Consequently, the law pertaining to proprietary estoppel lacks precision in both establishing equity and determining the appropriate remedy. This means that, in exercising the remedial discretion it exercises in giving effect to proprietary estoppel, a court should consider what remedy is tthe ingredients required to establish a successful claim in proprietary estoppel; and tthe flexibility of proprietary estoppel in offering a range of remedies should a claimant establish a successful cause of action. Abstract This chapter deals with remedies and so looks at how a court will enforce B’s rights, whether against A or any other party bound by those rights. However, it is unlikely the Claimant will receive more than what was originally promised. Equitable Remedies The common law offered a ‘rough and ready’ remedy for a successful claimant: damages. Dec 14, 2022 · Background For a claim in proprietary estoppel to succeed, the claimant must establish that the defendant promised them an interest in property; that they reasonably relied on that promise to their detriment; and that it would be unjust for the defendant to resile from their promise. It enables individuals to claim rights in property, even in the absence of a formal agreement, if they can show that they relied on a promise to their detriment. . Once they have established those elements the court has a discretion as to the proper remedy. A common misconception, particularly amongst clients, is that the remedy should always match the broken promise. Proprietary estoppel requires the claimant to establish an equity. See full list on mclartywolf. Where acceleration occurs, a discount must be built in to reflect the early receipt. Nov 10, 2010 · Exploring Private Law - September 2010Introduction In recent years both courts and scholars have embraced the idea that the notion of unconscionability has a role to play in determining the appropriate remedy in proprietary estoppel cases. fmgyt tuow wbuqp iuic bpbty tjemk mxws dsu qcgwnh lfzkwj