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Proprietary Estoppel: widening the net

Proprietary Estoppel: widening the net

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2021) Proprietary Estoppel: widening the net. Family Law Journal, 206. ISSN 1472-4944

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Most of the case law on the entitlement to family assets is concerned with disputes concerning beneficial ownership of the matrimonial (or quasi-matrimonial) home. This, of course, is not surprising given that the family home is likely to be the most substantial asset acquired by the parties during the period of their marriage or cohabitation. Disputes about property ownership, however, may not always be confined to the home and may include entitlement to other assets such as chattels owned by one of the parties. In this context, the doctrine of proprietary estoppel (which readily applies to land) have been far less developed by the courts although, in principle, there seems little reason why they should not form the basis of entitlement in appropriate cases. This article examines whether the doctrine can extend to property other than land.

Item Type: Article
Uncontrolled Keywords: proprietary estoppel, family chattels, deceased's net estate, extension of the doctrine, inchoate equity, impact on third parties, actual or constructive notice
Subjects: K Law > K Law (General)
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:
Last Modified: 11 Mar 2022 11:45

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