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Proprietary estoppel and competing equities

Proprietary estoppel and competing equities

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2018) Proprietary estoppel and competing equities. Conveyancer and Property Lawyer, 82 (2). pp. 145-156. ISSN 0010-8200

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Abstract

The article examines the question of competing estoppel equities in relation to the same property by reference to the well-established first in time rule as it is applied in both the English and Commonwealth cases. Although the rule has the advantage of simplicity, the writers argue that it is likely to give rise to arbitrary results in most cases and that the better approach is to acknowledge the estoppel claims of both competing claimants as having equal status and to determine how best to satisfy the respective equities by applying the mechanism of unconscionability in arriving at a just result. Indeed, the more competing equities in a given scenario, the more appropriate it becomes, in the writers’ view, to apply a discretionary holistic approach already grounded in proprietary estoppel doctrine to determining the respective claims of the parties.

Item Type: Article
Uncontrolled Keywords: competing equities, proprietary estoppel, estoppel equity, first in time rule, unconscionability, land registration
Subjects: K Law > KZ Law of Nations
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Last Modified: 08 Jan 2019 16:04
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: GREAT c
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/19719

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