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Home > Law > Law glossary > Law glossary
Proprietary estoppel
Last modified: Thu Feb 23 16:37:37 2006
A form of Estoppel where one party allows another to believe that
he owns land, or has an interest in land, and carry out work on the
strength of that knowledge. Traditionally the courts of Equity
could be petitioned to remedy such situations. In modern practice
the courts have wide discretion on how to give effect to estoppel
rights, but it remains uncertain whether a right that arises from
proprietary estoppel is a proprietary InterestInLand, or a personal
right. This is important, because if it is an interest in land
then it is capable of binding the successor in title of the person
whom the estoppel arises against. The LRA2002 makes it clear
that a proprietary estoppel can be noted on the register from
the moment it arises and, if adequately noted, will bind successors
in title.
BasicPrinciples
LandAndPropertyLaw
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