Wills & Trusts Law Reports | Summer 2023 #191A father made repeated promises to his son that he would inherit an undefined part of a farm, sufficient to enable him to operate a viable farming business on it, after the death of his parents. Relying on that promise, the son spent the best part of his working life on the farm, working at very low wages and accommodated in a farm cottage. After a deterioration in the relationship between the father and son, it proved no longer possible for the two to work together, and the son therefore moved out, and the father cut him out of his will.
The son claimed an interest in the farm as...
Wills & Trusts Law Reports | Winter 2020 #181The deceased purchased a property in Weston-super-Mare (the Weston property) in his sole name in 2002 with the aid of a mortgage loan. He met the defendant in early 2010 and by the end of the year the defendant had moved into the Weston property with the deceased and it became his main residence. The defendant undertook repair and decoration jobs around the property, including repairing the boiler and decorating the main bedroom, and undertook work for others in return for work on the property by them. The general outgoings for the property and for the lifestyle of the deceased and the d...
Sukhninder Panesar considers the case law relating to proprietary estoppel when seeking to acquire an interest in land without complying with the formalities of the 1989 Act Etherton J held that the proprietary estoppel was sufficient grounds for the enforcement of the terms of the oral contract. The question whether proprietary estoppel can be pleaded …
Continue reading "Law of Property (Misc. Provisions) Act 1989: Proprietary estoppel wins again"
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Mark Pawlowski asks whether there is scope for giving effect to informal land agreements by applying the doctrine of proprietary estoppel ‘The question remains as to whether an estoppel on its own (independently of any finding of a constructive trust) can operate so as to enforce an agreement for sale notwithstanding non-compliance with s2(1), Law …
Continue reading "Proprietary Estoppel: A separate cause of action?"
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