Proprietary Estoppel: Recent Updates

Proprietary estoppel is a flexible and useful cause of action. Instances of parties claiming entitlement to equitable relief by way of proprietary estoppel have increased markedly in the last few years. Proprietary estoppel is often pleaded in addition to other causes of action, such as resulting trusts, common intention constructive trusts and contract claims. Consequently it is an important area of law for property, family and commercial practitioners.

In recent months the Court of Appeal has had two opportunities to consider the principles of proprietary estoppel. George Mallet examines the recent decisions in this Alerter.