Proprietary Estoppel Flashcards
Attorney-General of Hong Kong v Humphrey’s Estate
Owner creates an expectation in other party. Two elements - statement which causes belief and what is believed as a result of the statement. Requirements: expectation and unconscionability (inducement, detrimental reliance and discretionary satisfaction). In this case a subject to contract agreement didn’t lead to estoppel, there was no expectation.
Dillwyn v Lleyellyn
Father signed a memo gifting son land but it wasn’t a valid deed. Son built a house in reliance. Father died. Held that there was expectation, inducement and detrimental reliance. Estoppel provided for the land to be transferred.
Inwards v Baker
Father told son to build bungalow on his land, son believed he could stay there for life, court held son had licence for life.
Gillet v Holt
G worked on H’s farm for little money, was assured he’d inherit, after an argument G changed his will. Estoppel required that G be given freehold to farm.
Thorner v Major
T worked for no pay on uncle’s farm in expectation that he would inherit, held the estate had been estopped.
Crabb v Arun DC
Agreement between developer and the council that there could be access to council owned road. No contract, but developer sold some land so that it was landlocked apart from the agreed right of way. Easement created by estoppel.
Taylor’s Fashion v Liverpool Victoria Trustees
Shopkeeper was promised long lease so long as there was lease of next door shop, option to extend lease was invalid for non-registration, held there was estoppel due to tenant’s expensive alterations.
Lloyds Bank v Carrick
If there is a contract there can’t be estoppel.
Cobbe
Land bought for development, Cobbe got planning permission so he could buy the site for £12m, planning permission added £2m value. Owners tried asking £20m for site. House of Lords rejected proprietary estoppel claim, awarded £150,000 only. Failed because agreement was “subject to contract”, was made on the basis that there was not a binding contract.
Pallant v Morgan
Joint venture constructive trusts created.
Yaxley v Gotts
Property developer was to buy house, Yaxley was to do development work in return for long lease of ground floor. Held that proprietary estoppel meant he should have long lease of flat. Section 2 doesn’t render informal contracts void, means there is no valid contract until section 2 is complied with.
