Proprietary Estoppel Claims

The doctrine of proprietary estoppel provides a means by which a person can enforce promises relating to property or land.

This type of claim can be made when a person has been promised that they will be given an interest in a property, land or estate, but that promise is subsequently broken leaving the person at a disadvantage.

In order to bring a successful proprietary estoppel claim, you must be able to prove the following factors:

1. That a promise or assurance has been made
2. That there has been reliance upon that promise
3. That reliance on the promise has caused you a detriment
4. That it would be ‘unconscionable’ for the party who made the promise to be allowed to renege on it.

The Court has wide discretion in terms of what remedies can be awarded in successful proprietary estoppel claims.