Land law proprietary estoppel

List of Titles Sec. In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter:

Land law proprietary estoppel

The option, although registrable as a land charge under the Land Charges Actwas not registered. The wife then changed her will so as to leave the farm to all five of her children including Geoffrey. Geoffrey learnt of the sale and sought to enforce the option.

The question for the court was whether the option was binding on the wife or whether she took the farm free of the option. Purchaser was also defined in s.

Land law proprietary estoppel

The trial judge found for the wife and held that the option was not binding on the wife. The appeal was allowed. There was no requirement of good faith for a purchaser under the Land Charges Act Should family feeling be denied a protection afforded to simple greed?

To eliminate the necessity for enquiries of this kind may well have been part of the legislative intention. Certainly there is here no argument for departing—violently—from the wording of the Act.

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But I must say that for my part I should have great difficulty in so holding. To equate " nominal " with "inadequate " or even " grossly inadequate" would embark the law upon enquiries which I cannot think were contemplated by Parliament.Duhaime's Criminal Law Dictionary Criminal Law is that body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by .

a) Estoppel: Shorter Oxford Dictionary – “a bung or cork” b) Estop: S.O.D. “to stop, prevent (rare)” House of Lords Decisions: 2 Cobbe v Yeoman’s Row (not “The Death of Proprietary Estoppel”) a) Yeoman‟s Row had been formed to purchase a property consisting of a block of flats with potential for residential development.

The owner of land can sometimes lose ownership to a trespasser by "adverse possession". The law is complicated: Where the land is unregistered or where the land is registered but the trespasser notched up 12 years adverse possession before 13 October , when the Land Registration Act came into force, one set of rules will apply - see Land Registry Guide 5.

Nature of Easements. Easements, covenants and profits are all real property rights enjoyed by one party relating to another’s land. They fall short of rights of ownership or possession and amount in law . Sep 25,  · Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum.

This chapter examines the doctrine of proprietary estoppel. It discusses the nature of proprietary estoppel; the expectations of future rights; the criteria for proprietary estoppel; essential elements; . In Cowper-Smith v Morgan, SCC 61 [Cowper-Smith], the Supreme Court of Canada (“the Court”) brings back painful memories of first-year Contracts and attempts to clarify the complex equitable doctrine of propriety estoppel despite several differing interpretations..

Proprietary Estoppel. Estoppel is an equitable doctrine which arises when one party acts on the reliance of the promise of.

Chapter - Common Interest Ownership Act