The Edge of Land Law Lies Proprietary Estoppel Essay

The Edge of charge Law Lies Proprietary Estoppel - Essay ExampleAs the paper highlights that the court ultimately determines whether it is conscionable for the proprietor of the land to go back on their representations. Unlike other estoppels, proprietary estoppel goes further and can be utilised as a tool to enforce or grant a property respectable de facto. Moreover, proprietary interest in land may be acquired in equity under estoppel without the take in for writing and Cooke comments that the courts have consistently, with very few exceptions, protected the claimants exceptions in interest when responding to estoppel, and protect individuals so far as it is possible and that they should continue to do so.This study outlines that whilst the equitable justification for the ism of proprietary estoppel is clearly meritorious, the ad hoc development of the doctrine has been attacked, with some commentators labelling it as a loose ricochet. The focus of this analyse is to criticall y evaluate the doctrine of proprietary estoppel and consider whether it has as the above parameter become nothing more than an amalgam of ideas rather than a deliberately constructed doctrine in contemporaneous land law. The doctrine of proprietary estoppel was first recognised by the House of Lords in Ramsden v Dyson5, which tangled a yearly tenant who had been led to believe that the landlord would grant him a 60 year learn on the property. On this basis, the plaintiff erected a building on the land, however the landlord refused to grant him the lease. The tenant brought a claim to enforce his rights in equity.