We specialise in bringing and defending proprietary estoppel claims
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 large 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 info@inheritancedisputes.co.uk.
What is proprietary estoppel?
Proprietary estoppel claims arise where someone has been promised they will be given an interest in a property or business but that promise is subsequently reneged upon.
The classic example of a proprietary estoppel scenario involves a family farm where a son or daughter works for years, often putting in very long hours for minimal income, on the basis that their parents will ultimately leave the farm to them. If the parents then change their mind and go back on their promise, their son or daughter will be left at a disadvantage. This is when they can rely on the legal principle of proprietary estoppel. In effect the law steps in to ensure that the innocent party doesn’t lose out when a promise is broken. However, proprietary estoppel has much wider application and isn’t limited to family farms or businesses.
Making a proprietary estoppel claim
In order to bring a proprietary estoppel claim the claimant must be able to show:
- That a promise has been made. This will usually be explicit, but it also includes situations where someone passively allows another person to do something under a mistaken belief;
- The promise has been relied upon and, in doing so, they have acted to their detriment, suffering substantial loss; and
- It would be ‘unconscionable’ for the party who gave the promise to be allowed to go back on their promise.
Where a proprietary estoppel claim is successful the court can give the claimant a beneficial interest in the property, award them a lump sum, allow them to occupy the property rent free or simply a transfer the freehold title of the property to them.
No Win, No Fee funding
We are often able to deal with proprietary estoppel claims on a No Win, No Fee basis, and are always happy to consider this form of funding.
How we can help with your proprietary estoppel claim
Our proprietary estoppel claims solicitors offer a free consultation service. We will assess your case and provide you with guidance on the legal options open to you.