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Monday, 11 February 2013

Land Law Proprietary Estoppel

In spite of the modern acceptance of a broadly speaking based test of unconscionable dealing, the approach of the court when confront with estoppel claims tends to be restrictive. The courts treat such claims with a degree of safeguard, mindful of the fact that the doctrine of branded estoppel may rent the drastic effect of conferring on one person a permanent, irrevocable participation in the land of another, even though he has given no consideration for such acquisition, by way of contractual arrangement, and no effectively effective ease up of it has been made in his favour

Critically analyse and tax this assertion with particular regard to recent academic gossip and modern case law.



Word Count = 2554

To evaluate this statement we must examine the cases been bought to the judiciary on the concept of proprietary estoppel, how the judiciary made their decision on the basis of proprietary estoppel.

Land is defined by the Law of plaza operation 1925 at S205 (1) (ix). When we buy property we do not testify that land, the cr testify owns all the land. The best one screwing own is an earth/interest in land. Since the LPA[1] 1925, there be ii legal estates in land and five interests. The two legal estates are set out in S.

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1 (1) (a) and (b) of the 1925 Act, namely; an estate in fee simple absolute in bullheadedness and a term of years estates. The five legal interest are contained at Section (2) (a) to (e) of the LPA Act[2] such as easements, landlords rights of re-entry and send by way of mortgage. Anything other than that contained in S (1) of the LPA Act[3] is an evenhanded interest.

Land can be acquired both through a legal or an equitable right S.522[4]. There are basically two ways in which one can acquire an interest in Land, formally and informally.

The formal way, which is regulate by the Law of the Property Act 1925 and the Law of Property (Miscellaneous Provisions) Act 1989, requires a contract, a conveyance and registration as dictated by statute. Once...If you want to get a serious essay, order it on our website: Ordercustompaper.com



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