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Proprietary estoppel

In Greasley v Cooke, over a house in Riddings, the Court of Appeal affirmed that once an assurance is found, the burden of proof is on the defendant to show that it was not relied up to the claimant's detriment.

Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if

  • someone is given a clear assurance that they will acquire a right over property,
  • they reasonably rely on the assurance,
  • they act substantially to their detriment on the strength of the assurance, and
  • it would be unconscionable to go back on the assurance.

If these elements of assurance, reliance and detriment, and unconscionability are present, the usual remedy will be that the property will be transferred to the claimant, if the court views the reliance to warrant a claim in all the circumstances.

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