Proprietary Estoppel

If you were promised a property or land, and trusting that promise you acted to your disadvantage you may have a legal claim for the property that was promised to you under a legal principle called ‘proprietary estoppel’.

Estoppel is an unusual legal principle because it is not possible to rely on the promise of another person unless it is formalised in a Deed. It is only where two people enter into a contract that you can legally require the person to do what they have committed to doing.

We are experienced in helping clients who want to claim property to which they believe they are entitled because of an earlier promise and also those who face such a claim and consider there are no grounds for such a claim.

We are experts in assessing claim on the grounds of proprietary estoppel. We can help you to take a robust approach but also where appropriate, to negotiate a settlement with minimum cost.

We recently engaged Mercers to act as our solicitors for our house sale and the purchase of another property, and we were very pleased we did. We received excellent support, reliable advice and prompt attention at every stage in the process.

Patricia Pritchard

FAQs

What is a common example of proprietary estoppel?

You were promised a property or a share of land in return for years of work or care or expense that you provided. The person has not fulfilled this promise, or they have died and their Will or intestacy rules mean that you don’t stand to inherit what you were promised.

What do you need to show in a proprietary estoppel claim?

A clear promise or assurance
Evidence that you relied on that promise
That you suffered a detriment
That it would be unconscionable for the promise to be withdrawn.

Can a proprietary estoppel claim override a Will?

In some cases, yes. If you were promised a property but the Will leaves it to someone else a proprietary estoppel claim may be brought against the estate.

Do I have to go to court?

Not necessarily. Many proprietary estoppel disputes are resolved through negotiation or mediation. Court is often a last resort when other methods fail. We will guide you on the most effective and cost-efficient approach to achieve your desired outcome.

Proprietary Estoppel