Proprietary estoppel


Produced in partnership with Nicholas Macklam of Radcliffe Chambers
Practice notes

Proprietary estoppel


Produced in partnership with Nicholas Macklam of Radcliffe Chambers

Practice notes
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This Practice Note considers proprietary estoppel from a generic standpoint.

For industry specific guidance on proprietary estoppel for property law practitioners, see Practice Note: Proprietary estoppel for property disputes lawyers.

Proprietary estoppel—what is it?

Unlike the other forms of estoppel (see Practice Note: Estoppel—what, when and how to plead) which cannot ordinarily found a cause of action, proprietary estoppel can. It is typically used where a party (B) seeks to assert a proprietary right to land belonging to another party (A) in circumstances where B has been led to believe, by a promise, words or conduct and/or by acquiescence from A, that they (B) have or can expect to acquire an interest in the land.

The decisions in Ramsden v Dyson and Willmott v Barber provide an appropriate starting point for an understanding of the doctrine. Both were cases where the claimant sought to establish a proprietary interest in someone else's property on the basis that the claimant had spent money on the property in the belief that it was theirs and in circumstances where that belief had

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Proprietary estoppel definition
What does Proprietary estoppel mean?

A means of acquiring rights in land in an informal manner.

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