Proprietary Estoppel

Proprietary Estoppel

Kirwans litigators are experienced in dealing with proprietary estoppel cases both with or without court proceedings and at trials.

Whether you are bringing a claim or defending a claim by reason of proprietary estoppel, resulting trust or a constructive trust, our team is here to provide you with the legal support you need.

What is Proprietary Estoppel?

Proprietary estoppel is a claim that can arise if a property is promised to you on the death of the owner but their Will states otherwise. Proprietary estoppel is the legal remedy that effectively enforces a broken promise.

To establish proprietary estoppel you must show the following:

1. A promise made by one person to another. For example, the assurance is that the owner said that the land/property would be yours upon their death.

2. Reliance upon the promise. For example, the reliance may be that you work on the land/property with the belief that it will be yours.

3. Detriment suffered by the person in reliance upon the promise. For example, the change of position or detriment is that you put yourself in a worse position on the assurance the property would be yours.

Every case is unique, and what constitutes each of these factors will depend on the individual circumstances.

It is a complex area of law therefore it is always advisable to seek legal guidance from a solicitor who is an expert to help.

If you believe you have a case of proprietary estoppel contact our team today.

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