Trustees' duties, powers and liability

Question 1

What are the four elements in proprietary estoppel?

Answer 1

A successful claim for proprietary estoppel will give a volunteer an equitable interest in a property provided certain elements are present:

• there must be a representation by the owner of the legal title that the claimant has, or will have, an interest in the property;
• the claimant must have relied upon that representation;
• the claimant must have suffered detriment due to - the reliance on the representation;
• the defendant’s conduct must have been unconscionable.