Proprietary Estoppel

Question 1

Assurance, Reliance, Detriment

Answer 1

McCarron v McCarron SC

Question 2

McCarron v McCarron SC judge

Answer 2

Murphy J

Question 3

shield not a sword

Answer 3

Central London Property Trust v High Trees House

Question 4

Central London Property Trust v High Trees House judge

Answer 4

Denning J

Question 5

estoppel became a sword

Answer 5

Inwards v Baker

Question 6

formalities of conveyancing never carried out

Answer 6

Dillwyn v Llewelyn

Question 7

Assurance, Reliance and Detriment found in….

Answer 7

Pascoe v Turner
Smyth v Halpin

Question 8

Common expectation

Answer 8

Inwards v Baker

Question 9

Unilateral mistake

Answer 9

Ramsden v Dyson

Question 10

if a stranger begins to build on my land supposing it to be his own and i perceiving his mistake do not see him right, I am acquiescing on my rights.

Answer 10

Ramsden v Dyson

Question 11

Ramsden v Dyson

Answer 11

if a stranger begins to build on my land supposing it to be his own and i perceiving his mistake do not see him right, I am acquiescing on my rights.

Question 12

Willmott v Barbour judge

Answer 12

Lord Frey

Question 13

Five Probanda

Answer 13

1. Claimant must have made a mistake as to his legal rights
2. Claimant must have expended some money or done some act on the faith of his mistake
3. Owner of land must know that his right is inconsistent with the right claimed by the claimant
4. Owner of land must know of claimant’s mistaken belief
5. Owner of land must have encouraged the claimant in expenditure of money

Question 14

spending money is not an necessary element of detriment

Answer 14

Greasley v Cooke
Gillet v Holt

Question 15

oblique references to inheritance (sufficient)

Answer 15

Thorner v Major

Question 16

Claimant received a charge on the lands equivalent to reasonable remuneration for services

Answer 16

Coyle v Finnegan & Finnegan

Question 17

‘You’ll be a rich man after my day’

Answer 17

K v K 2018 IEHC

Question 18

Right of Residence established in…

Answer 18

Kelaghan v Daly 1913

Question 19

Right of residence is an equitable life estate

Answer 19

National Bank v Keegan

Question 20

damages can be awarded for interference with RoR

Answer 20

Johnson v Horace 1993

Question 21

RoR can be converted into money where parties agree or relationship has broken down

Answer 21

Registration of Title Act 1964 S.81

Question 22

Statute of Limitations 1957 distinguishes between:

Answer 22

1. the right in the nature of a lien- general right of support or residence
2. the exclusive right of residence over the whole land - life interst

Question 23

Johnson v Horace 1993 judge

Answer 23

Lavan J

Question 24

Court requires cogent evidence of agreement to disclose intention to abandon RoR

Answer 24

Johnson v Horace 1993

Question 25

RoR can only be abandoned voluntarily or by express agreement

Answer 25

Johnson v Horace 1993

Question 26

where D is unable to pay damages injunctive relief would be granted

Answer 26

Johnson v Horace 1993

Question 27

when valuing RoR future value and maintenance etc are taken into account

Answer 27

Bracken v Byrne 2005 IEHC

Question 28

Bracken v Byrne 2005 IEHC judge

Answer 28

Clarke J

Question 29

RoR is not an equitable interest in the land but an personal right ‘in the nature of a lien of monies in or over the land’

Answer 29

S.81 Registration of Title Act 1964

Bracken v Byrne 2005 IEHC

Question 30

RoR cannot prevent an eviction by the registrar for mortgage arrears

Answer 30

Tynan v County Registrar for Kilkenny 2011 IEHC

Question 31

Tynan v County Registrar for Kilkenny 2011 IEHC

Answer 31

RoR cannot prevent an eviction by the registrar for mortgage arrears