The doctrine of Proprietary Estoppel provides a means by which a person can enforce promises relating to property or land. Our expert Will, Trust and Estate Disputes team have years of experience in this area and are on hand to guide you through the entire process.
A Proprietary Estoppel claim can be made when a person has been promised that they will be given an interest in a property, land or estate, but that promise is subsequently broken leaving the person at a disadvantage. The promise is often that a certain piece of land or buildings will be left to a person in a will.
In order to bring a successful Proprietary Estoppel claim, you must be able to prove the following factors:
- That a promise or assurance has been made
- That there has been reliance upon that promise
- That reliance on the promise has caused you a detriment
- That it would be ‘unconscionable’ for the party who made the promise to be allowed to renege on it
The court has wide discretion in terms of what remedies can be awarded in successful Proprietary Estoppel claims.
The types of cases in which a Proprietary Estoppel claim can arise can be extremely varied, but the most common is in a farming or other family business context. The land or business owner may have persuaded someone to work for them for very little over a long period of time, on the promise that eventually the business would be left to them. Often people position their whole lives around such promises, only to find that they have not been honoured.
If you think you may require advice regarding such a situation, please feel free to contact our team.
