Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2021) Informal agreements and estoppel: Formality no bar to estoppel. Property Law Journal (387). pp. 1-9. ISSN 1461-0752

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Abstract

The article considers the recent High Court decision in Howe v Gossop [2021] EWHC 637 (Ch), which highlights the complex inter-relationship between proprietary estoppel and the requirements of writing in section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 in the context of informal land transactions. In this case, proprietary estoppel, asserted in defence of a claim of possession of land transferred by an oral contract, was not defeated by the failure to comply with the requirements of section 2(1). The defendants had not asserted the estoppel in order to enforce the contract, but had argued that the estoppel should be satisfied by an irrevocable licence in their favour. That satisfied the equity that had arisen and did not contradict section 2(1). The article also considers earlier case law on the inter-relationship between proprietary estoppel and section 2(1) and provides a number of conclusions for the practitioner.

Item Type:	Article
Uncontrolled Keywords:	proprietary estoppel, separate cause of action, statute, informal land transactions, constructive trusts, possession of land, oral contract, enforcement, irrevocable licence, satisfaction of the equity
Subjects:	K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:	Publisher
Last Modified:	18 May 2021 18:02
URI:	http://gala.gre.ac.uk/id/eprint/32804

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