|
Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if, *someone is given a clear assurance that they will acquire a right over property, *they reasonably rely on the assurance, and, *they act substantially to their detriment on the strength of the assurance If these elements of assurance, reliance and detriment are present, the usual remedy will be that the property will be transferred to the claimant, if the court views the reliance to warrant a claim in all the circumstances. ==History== In 1862, in ''Dillwyn v Llwellyn'', a son was held to have acquired a house from his father because he was given a written notice that he would, despite never having completed a deed for conveyance, after the son spent time and money improving the property.〔''Dillwyn v Llwellyn'' (1862) 4 De GF&J 517〕 In ''Willmott v Barber''〔(1880) 15 Ch D 96〕 Fry J considered that five elements had to be established before proprietary estoppel could operate:〔See also ''Inwards v Baker'' () 2 QB 29〕 * the claimant must have made a mistake as to his legal rights; * the claimant must have done some act of reliance; * the defendant, the possessor of a legal right, must know of the existence of his own right which is inconsistent with the right claimed by the claimant; * the defendant must know of the claimant's mistaken belief; and * the defendant must have encouraged the claimant in his act of reliance. These elements were, however, refined by future case law over the later 20th century and in the early 21st century (see Waltons Stores v Maher) 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Proprietary estoppel」の詳細全文を読む スポンサード リンク
|