Proprietary Estoppel

Proprietary Estoppel claims

Proprietary estoppel is a means to enforce a verbal promise whereby a person is promised a right or an interest in land owned by another person.  

The following are three key elements which must be proven in order to bring a proprietary estoppel claim:

• That a promise or assurance was made by the land owner that the person will have some form of interest in the land;
• That the person relied on that promise;
• That the promise not being performed will cause damage and loss to the person to whom the promise was made.

These type of claims are particularly prevalent in the case of farming land and farming businesses.

Fieldings Porter have particular expertise in acting for and advising farming clients in relation to farming and land disputes. Please contact our farming disputes expert for further advice .