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Proprietary Estoppel

More about proprietary estoppel


More about proprietary estoppel

In order to succeed in a claim for proprietary estoppel, it will be necessary to show that there was a promise or assurance that you relied on to your detriment. Evidence of the promise or assurance, probably in the form of witness statements will be required together with evidence of the detriment.

The detriment can take many forms, such as spending money on improving land or property, giving up a job or moving home, or not pursuing education or career opportunities.

A further example of a proprietary estoppel claim is someone giving up a job or home to move in with a relative to care for them on a full time basis, free of charge on the understanding that they will inherit the property. If the will then leaves the property to someone else, it may be possible to bring a claim in proprietary estoppel.

A proprietary estoppel claim must be made as soon as possible, as a delay in bringing a claim may prevent you form bringing it altogether. You should therefore seek legal advice as soon as possible if you think you have such a claim.

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