The Law of Proprietary Estoppel

Hardcover | March 18, 2014

byBen McFarlane

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This book provides the first comprehensive and practically structured resource on the doctrine of proprietary estoppel. It offers answers to a number of difficult problems arising in recent litigation and guidance on managing proprietary estoppel cases. Relevant authorities are set out in anaccessible and user-friendly format addressing issues that arise in practice, such as 'reasonable reliance', 'unconscionable conduct', and 'satisfying the equity'. The long-standing doctrine of proprietary estoppel has come to prominence in recent years - it is regularly discussed by courts at all levels and is frequently pleaded by litigants wishing to show that they have informally acquired an interest in land. As a result of its vigorous recent developmentby the courts, there is no comprehensive and uncontroversial definition of the doctrine. There is also much debate regarding the relationship between proprietary estoppel and other doctrines, such as constructive trusts and unjust enrichment. A problem faced by anyone seeking to make, or respondto, a proprietary estoppel claim is that the law is to be found almost entirely in cases. The Law of Proprietary Estoppel sets out a clear structure with which to understand the law and will thus assist practitioners, academics, and others in navigating their way through the complex case law onproprietary estoppel, and also in understanding its relationship with related doctrines.This book is essential for all practitioners and scholars who encounter problems related to the doctrine of proprietary estoppel. The clear structure of the book makes the law easier to follow and enables readers to find relevant authorities quickly. The work draws together all of the relevantscholarship on proprietary estoppel and makes reference to useful cases from outside the jurisdiction of England and Wales to aid understanding of the law and related doctrines.

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This book provides the first comprehensive and practically structured resource on the doctrine of proprietary estoppel. It offers answers to a number of difficult problems arising in recent litigation and guidance on managing proprietary estoppel cases. Relevant authorities are set out in anaccessible and user-friendly format addressin...

Ben McFarlane is a Reader in Property Law at the University of Oxford and a Fellow of Trinity College, Oxford. He has taught in Oxford since 1999 and has published widely on proprietary estoppel, as well as addressing legal practitioners on the subject. He is the author of The Structure of Property Law" and a co-author of Land Law: Te...

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Format:HardcoverDimensions:470 pages, 9.69 × 6.73 × 0.1 inPublished:March 18, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199699585

ISBN - 13:9780199699582

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Table of Contents

1. Introduction2. Representation3. Reasonable Reliance4. Prospect of Detriment5. Unconscionable Conduct6. Formality Requirements7. Satisfying the Equity8. Third Parties9. Remedies10. The Wider Legal Context