Proprietary Estoppel Flashcards
1
Q
What is proprietary estoppel?
A
an equitable mechanism whereby rights in or over land can be rented informally by the words/conduct of the parties
2
Q
Requirements for proprietary estoppel?
A
assurance
reliance
detriment
unconscionability
3
Q
What is assurance?
A
the claimant must show that there was an assurance by the landowner which gave rise to an expectation that he or she is or will be entitled to some interest in the land
4
Q
What is reliance?
A
claimant must have relied on that assurance
5
Q
What is detriment?
A
claimant must have acted to his or her detriment by relying on the assurance
6
Q
What is unconscionability?
A
if the other elements appear to be present but the result does not shock the conscience of the court, the analysis needs to be looked at again
