Article Side

Online Article Directory!

Hello Guest! Login or Register to submit articles!

What is proprietary estoppel?

By Sean Burke Subscribe to RSS | April 18th 2012 | Views:
loading
 
  



Property law in England can seem like a minefield. That’s because the centuries-old British constitution has enshrined a variety of laws relating to

property, and property lawyers need to be familiar with all of these laws in order to carry out their jobs successfully. One important aspect of property law

in England is proprietary estoppel. However, many people outside the legal profession are unaware of this law or confused about what it entails. Here is a

quick introduction to proprietary estoppel and how it might affect you.

Essentially, proprietary estoppel is based on the principle that an individual has a legal right to a property if they have acted to their detriment on an

assurance that they will acquire rights over the property. For example, Person A may agree to pay Person B’s mortgage on the understanding that A will

inherit the property when B passes away. However, B actually leaves the property to Person C in his will, and not Person A. Under the doctrine of proprietary

estoppel, A will inherit the property rather than C because A has acted in his detriment on the assurance that he would acquire said property.

In English law, proprietary estoppel is distinct from promissory estoppel. Promissory estoppel applies where one party makes a promise to another – i.e., a

future-based consideration – but there is no enforceable contract. Conversely, proprietary estoppel applies when two parties litigate over a land title. This

differentiation is distinct in English law; in American law, proprietary estoppel is encompassed in promissory estoppel.

Though often relating to matters of inheritance, proprietary estoppel may also be a relevant legal claim when it comes to selling a house. For example, Mr X may agree to cover his sister’s mortgage payments in return

for the title to her property. His sister tells him that she has transferred the title deed to his name, but in reality she does not. If she then tries to

sell the house in the future to another buyer, Mr X may use proprietary estoppel to back up his claim for the property in a court of law.

Proprietary estoppel in English law is very similar to the principle of constructive trusts. Fundamentally, a constructive trust may arise where a party has

been wrongfully deprived of his or her rights due to another person having a legal right to a property that he or she should not possess. Some legal experts

claim that proprietary estoppel and constructive trusts are identical. However, others maintain they have important distinctions – for example, that a

constructive trust may arise by operation of law rather than the intention of a particular party.

Sean Burke - About Author:
The author of this article is a part of a digital marketing agency that works with brands like Shoosmiths. The content contained in this article is for

information purposes only and should not be used to make any financial decisions.

Share on Facebook Tweet It Stumbleupon this post This post is delicious !

Article Source:
http://www.articleside.com/business-articles/what-is-proprietary-estoppel.htm

Related Business Articles Subscribe to RSS

An anecdote of ever-blooming success of residential property in Pune
Published by Jamesalexjendra on July 20th 2012 | Business
We can expect an unprecedented rise in the unavailability of residential property in pune due to inc...
 
The Importance of Letting agents and Residential property management Dublin
Published by Leslie Hoffman on January 14th 2012 | Business
Hiring experienced letting agents and residential property management Dublin is extremely important ...
 
Real estate agents in Walsall lead you in investing property
Published by Redstones on January 21st 2012 | Business
Lettings franchise offered at Redstones letting agents, one of the leading estate agents in Walsall ...
 
Do you want to buy a property in Florida?
Published by Harry on June 27th 2012 | Business
Levitan realtors are one of the realtors that can assist you in finding suitable homes for sale in N...
 
Why to invest in property in Burnham
Published by Ricky Charles on December 15th 2011 | Business
Obtaining the property for sale in Burnham might be easy if you take the help of reliable real estat...
 
Contact Letting Agents Sutton for a one-stop property service
Published by James Blee on August 20th 2012 | Business
Looking for your first rental property and not sure what to expect from Letting Agents Sutton? Know...
 
Construction and Real Estate Litigation firms- a helping hand in property disputes
Published by Robert Doran on January 18th 2012 | Business
The article mentioned above discusses about the construction and real estate litigation firm. It als...
 
Incredible returns on investment in commercial property in Mohali
Published by Deepti on March 23rd 2012 | Business
Undoubtedly real estate Mohali has witnessed tremendous growth and development in the last few yea...
 
Why destin florida homes are best and great choice for buying property
Published by Dany on May 11th 2012 | Business
If person wants to buy any property in Destin Florida then person should read this informative and w...
 
A Real property and unique property
Published by Rosy on August 16th 2012 | Business
The Montreal assets Blog is concerning this market conditions in Montreal and also the neighborhoods...
 
Take hold of the best property in Mohali at affordable rates
Published by Deepti on March 30th 2012 | Business
Mohali is attracting individuals from all over India now, be it the investors for the commercial inv...
 
Try Being a More Energy Efficient Tenant in Your Edinburgh property
Published by Calum Rendall on April 2nd 2012 | Business
Many of us have gone through the troubles of credit crunch recently and this has taught us to be ene...
 
How property for sale in Bangalore Helps You Finding a Property
Published by Andy Chatterjee on December 27th 2011 | Business
Property for sale in India gives you the opportunity to find out a suitable property of your choice....
 
Mistakes to avoid while choosing property management North Shore companies
Published by Jack on August 15th 2012 | Business
Choosing the best property management North Shore company is not an easy task. Learning more about t...
 
What an intellectual property law firm does?
Published by Adli Law on March 27th 2012 | Business
The law firms often provide the proper consultation to their clients before finalizing the case. The...
 
Rpm Management- the best way to maximize income from property
Published by James Blee on May 15th 2012 | Business
If you are into the business of real estate or you own a real estate which is large in size then you...
 
Add value to your property with a superb extension using the very best architectural service London at Just Extend Your House Ltd
Published by James Blee on July 27th 2012 | Business
We are all well aware that the economy in the UK is at an all time low, credit and disposable income...
 
Getting the property valuation
Published by Sara Phelps on December 12th 2011 | Business
If you want a home buyer report a chartered building surveyor or general practice surveyor will offe...
 
Are you interested in installing Solar Panels South Africa on your property?
Published by on March 14th 2012 | Business
We have a wealth of experience in providing solar panels South Africa – more than three decades ...
 
How a landlord can manage his property in Edinburgh
Published by Carol Riley on March 19th 2012 | Business
Being a landlord you have to be very careful regarding the management of your property. You should b...