Equity, forms and proprietary estoppel
Thursday, 3 February 2022 13:50
There are many formal rules about property dealings and transfers:
- Common law - different rules for each transaction or type of property
- Equity - 'substance over form' - are we close enough?
Classifying property and transfers
Kinds of property
- Realty - e.g. land law
- Personalty - e.g. chattels
○ Choses in possession - physical property
○ Choses in action - non physical personal property
▪ Interests under a trust
▪ Debts
▪ Shares
▪ Cheques
Kinds of transaction
- Create the item
○ By deed
○ Register it
- Gift / transfer
○ By deed
○ When transferring interests under a trust - S53(1)(c) LPA
○ Register it
- Declare a trust
○ When transferring land or realty - S53(1)(b) LPA
○ When transferring interests under a trust - could declare a sub-trust - please don’t
Proprietary estoppel
Proprietary estoppel - promise of land
- Classic example of equity intervening to prevent justice
- Lord Denning's judgments in
○ Inwards v Baker 1965
▪ 'Why not build yourself a bungalow on my land'
○ ER Ives Investment Ltd v High 1966
▪ Acquiescence in the use of a right of way; injunction prohibited
When is the promisor estopped?
- Equity will not assist a volunteer
- If the promisee, in reliance on this promise, changes his plans then the statement cannot be
disregarded
Ingredients of estoppel
- Assurance
- Reliance
- Detriment
- These things equal unconscionability
What amounts to an assurance?
- Clear unequivocal representation
- The claimant must have been led to believe that they have or will have some right over
property
Equity and Trusts Page 1
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