What is estoppel in land law?
What is estoppel in land law?
Proprietary estoppel is a claim where a party claims a right to land belonging to another party, in circumstances where the claimant has been led to believe, by a promise (by words or conduct) by the other party, that they have or can expect to be given an interest in the land.
Can proprietary estoppel be used as a sword?
Estoppel is “a shield not a sword” – it cannot be used as the basis of an action on its own. It also does not extinguish rights.
What is Unconscionability in proprietary estoppel?
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. Proprietary estoppel requires the claimant to establish an equity.
Is proprietary estoppel a remedy?
Because proprietary estoppel is an equitable cause of action the remedy is flexible and discretionary. A common misconception, particularly amongst clients, is that the remedy should always match the broken promise.
Is proprietary estoppel flexible?
Further the non-bargain proprietary estoppel provides the infinitely flexible means to satisfy the equity of the position in contrast to fulfilment of the promise/expectation provided for by the bargain proprietary estoppel & “common intention” constructive estoppel.
What is the difference between proprietary estoppel and constructive trust?
Proprietary estoppels usually can be seen as more beneficial to a claimant when a testator disposed of his personal assets e.g. home during his lifetime. Contrast this with constructive trust, whereby it is more likely to be gainful where one party still has possession of and is a resident in the property.
What is the difference between a resulting and constructive trust?
What is the difference between resulting and constructive trusts? Constructive trusts are imposed by the court as an equitable remedy where it would be unconscionable for the other party to hold onto the property. However, resulting trusts give effect to the implied intentions of the owner.
How do you prove a constructive trust?
In modern times, four elements must be met before a constructive trust will be imposed: “(1) a confidential or fiduciary relationship which must normally be shown; (2) a promise by defendant; and (3) transfer by plaintiff to defendant in reliance on defendant’s promise (4) under circumstances that constitute unjust …
What is the job of a trustee?
The trustee acts as the legal owner of trust assets, and is responsible for handling any of the assets held in trust, tax filings for the trust, and distributing the assets according to the terms of the trust. Both roles involve duties that are legally required.
