Proprietary estoppel - intro

Question 1

What does Prima Facie mean?

Answer 1

at first glance / on first impression

Question 2

How does Coke define estoppel in commentaries on Littleton?
- is it a good definition?

Answer 2

• where you are stopped from stating the truth by your own act
• broad definition

Question 3

In which case does Denning discuss estoppel?
- what does he do with the definition?

Answer 3

• McIlkenny v Chief Constable of the West Midlands [1980]
• deliberately keeps the law vague, so he can manipulate it and insert estoppel where he requires it

Question 4

Give an example of when proprietary estoppel would apply?

Answer 4

• I have a property called Blackacre, My neighbour has a property called Greenacre
• No fence between our property
• Neighbour decides they will build a storage shed for chopped wood
• If he makes a mistake about where the boundary is, and builds it on my property
  
  • Common law says that I own the shed -> Law of Fixtures
  • with these facts, equity probably wouldn’t step in
• BUT I also walked along the perimeter several times, saw the neighbour building the shed, and did NOT tell him he was building on my land
  
  • Here equity would say - given that you had the chance to speak the truth, and you chose not to, you are now estopped from claiming the legal title

Question 5

What do most modern cases of proprietary estoppel involve?

Answer 5

most involve farms

Question 6

Example of scenario

Answer 6

• I own a farm, a teenager has been helping with the farm and I don’t pay them well but I insinuate that he will be well-off when I pass
• I live for a while and he keeps working on the farm for not great pay and this assurance
• In the scenario where I then die, but my will is from ages ago and gives the farmhand nothing
  
  • Equity steps in
  • The person had a particular interest, and they relied on it to their detriment
  • detriment for the farmhand could be that he never got further education, didn’t pursue other career prospects

Question 7

Which case provides the test for establishing proprietary estoppel?
- what is the test?

Answer 7

• Thorner v Major [2009]
  1. representation or assurance -> deliberate vagueness to cover many variations
  2. reliance on it by the claimant -> need causal connection between representation and conduct
  
  • if they would’ve done it anyway, can’t claim proprietary estoppel
    
    3. need to incur detriment

Question 8

What kind of doctrine is estoppel?

Answer 8

• flexible
• you need to ask for something, and then the court will see if your detriment is proportional to what you want

Question 9

Do you receive your interest immediately?

Answer 9

• no
• have to wait for the court to grant what you want

Question 10

Which case sets out the rules for how the court exercises its discretion?

Answer 10

Guest v Guest [2022]