Proprietary estoppel


Produced in partnership with Nicholas Macklam of Radcliffe Chambers
Practice notes

Proprietary estoppel


Produced in partnership with Nicholas Macklam of Radcliffe Chambers

Practice notes
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This Practice Note sets out what proprietary estoppel is, how to establish a plea of proprietary estoppel and provides examples of when in practice you may wish to raise proprietary estoppel. It considers proprietary estoppel from a generic standpoint. For industry specific guidance on proprietary estoppel for property law practitioners, see Practice Note: Proprietary estoppel for property disputes lawyers.

Proprietary estoppel—what is it?

Unlike the other forms of estoppel (see Practice Note: Estoppel—what, when and how to plead) which cannot ordinarily found a cause of action, proprietary estoppel can. It is typically used where a party (B) seeks to assert a proprietary right to land belonging to another party (A) in circumstances where B has been led to believe, by a promise, words or conduct and/or by acquiescence from A, that they (B) have or can expect to acquire an interest in the land.

The decisions in Ramsden v Dyson and Willmott v Barber provide an appropriate starting point for an understanding of the doctrine. Both were cases where the claimant sought to establish a proprietary interest

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Jurisdiction(s):
United Kingdom
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Key definition:
Proprietary estoppel definition
What does Proprietary estoppel mean?

A means of acquiring rights in land in an informal manner.

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