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Proprietary Estoppel: A separate cause of action?

Proprietary Estoppel: A separate cause of action?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2016) Proprietary Estoppel: A separate cause of action? Property Law Journal (344). pp. 22-25. ISSN 1461-0752

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Abstract

The article asks whether there is scope for giving effect to informal land agreements by applying the doctrine of proprietary estoppel. Conflicting judicial views are examined where either: (1) the facts must give rise to a constructive trust or (2) proprietary estoppel is alone sufficient in order to give effect to informal agreements of land notwithstanding failure to comply with s.2(1) of the Law of Property (Miscellaneous Provisions) Act 1989. The better, it is submitted, is that s.2 offers no bar to a claim based on proprietary estoppel which provides the claimant with a separate and distinct cause of action which operates independently of statutory exemption contained in s2(5) of the 1989 Act.

Item Type: Article
Uncontrolled Keywords: Informal agreements; land, proprietary estoppel; constructive trusts; formality; statute; cause of action
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 21 Feb 2018 11:11
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/15718

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