Last Updated on 10th March 2025
What is estoppel?
We specialise in proprietary estoppel law and won a famous estoppel case in the Court of Appeal. If you require guidance on bringing or defending an estoppel claim, then contact our team of Legal 500 recommended lawyers for a free consultation and details of No Win No Fee funding. Call us on 0333 888 0407 or send an email to [email protected].
Estoppel is a legal doctrine that people often need to rely on to enforce their rights. But what is estoppel? And more particularly, what is proprietary estoppel?
Proprietary estoppel is a legal principle that prevents a party from going back on a promise or assurance regarding property rights if the other party has relied on that promise to their detriment. In simpler terms, if someone makes a promise or representation about property (like promising to leave property to someone in their will), and another person relies on that promise to their detriment (for example, by working for less pay because they expect to inherit the property), then the person who made the promise may be estopped (legally prevented) from going back on it.
To establish a case, three elements must usually be present:
1. A representation or assurance:
There must be a clear promise, assurance, or representation made by one party to another regarding property rights.
2. Reliance:
The party to whom the promise was made must reasonably rely on that promise to their detriment. Detriment can take various forms, such as financial loss or changes in position.
3. Unfairness or Injustice:
It must be unfair or unjust for the party who made the promise to go back on it, taking full account of the circumstances and the reliance placed on the promise.
This legal doctrine can arise in various contexts, including inheritance disputes, land ownership disputes, relationship breakdowns. and business arrangements involving property rights. Courts may enforce proprietary estoppel to prevent unconscionable conduct and ensure fairness in property dealings.
We specialise in bringing and defending proprietary estoppel claims, dealing with cases throughout England and Wales. We are often able to work on a No Win, No Fee funding arrangement, so you should not allow worries about legal costs to put you off making a claim.
We have an enviable track record of success in estoppel and the related field of TOLATA litigation. You can read about some of our successes elsewhere on this website, including:
- Daughter wins family farming dispute
- Court of Appeal success in proprietary estoppel claim
- TOLATA claim success
If you have been asking ‘What is estoppel?’ and would like to know more about your legal position, then contact our free legal helpline and speak to one of our specialist solicitors.