Proprietary estoppel is a legal remedy which can be used against a landowner who has made promises in relation to ownership of land, but then fails to honour them. It is therefore used as a means of acquiring legal rights over land by preventing the owner from reneging on their promise.
There are three requirements to making a proprietary estoppel claim:
- An assurance must have been made by the promisor that the claimant would later become entitled to the land.
EXAMPLE: A son or daughter is promised that if they work for their father on the family farm for minimal pay then they will inherit the farm from their father when he dies.
2. The claimant has relied on and acted upon that assurance.
EXAMPLE: The son or daughter then works on the farm for minimal wage and relies on the promise when making decisions about their life and career.
3. The claimant has suffered detriment by relying on the assurance.
EXAMPLE: Typically in this case the claimant’s clear detriment is working for minimal wage, but it may also include turning down a more lucrative job or missing out on other opportunities.
In our example, if the son or daughter fails to inherit when their father dies, they may be able to bring a proprietary estoppel claim against the father’s estate to recover what was promised to them.
There is no statutory time limit on bringing a proprietary estoppel claim. However, a claim should be pursued as soon as possible as a substantial delay in bringing a claim can be used as a defence by the other side.
We deal with proprietary estoppel claims nationally on a no win, no fee basis. So if you think you may have a case then get in touch with our team and we will assess its suitability for no win, no fee funding, completely free of charge.
For further guidance on the question, “What is Proprietary Estoppel and can I make claim on a no win, no fee basis?” please contact our free helpline. Call us on 0333 888 0419 or email us at [email protected]
