Proprietary Estoppel Essay

Proprietary Estoppel Essay-10
The distinction between the doctrine of proprietary estoppel and constructive trust is that while the former has more emphasis on the inducement and frustrated “expectations” meaning that a claim on any legal interests could succeed.Constructive deals with undertakings and based on the frustrated bargain.The good case of Ramsden v Dyson where a stranger had began building o land knowing it to be his own (mistakenly), and that he is wrong and as the owner of the land does nothing about it but aiming at self-profit, then the courts will not allow the owner to assert to his land where the former has invested.

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The range of remedies in equity in both is less effective that the other which isn’t the case as was seen in Bristol & West Building Society v Henning [1985] in which he constructive trust involved the litigants sharing equitable ownership of property.

Proprietary estoppel seem to provide a lower sense of remedies as was previously understood, it exceeds the relief in the constructive trust.

The estoppel is the thought that acquiring rights of property that is already owned by the promisor and whose transactions are fully completed these terms are more flexible.

Proprietary estoppel can be in word as well as written while constructive trusts can only be in writing.

In this sense, we find the similarity with the proprietary estoppel in that they share the principle in Gissing v Gissing that the courts applying the equitable principles that prohibit the institution of strict legal rights then inequitable interests develop where the dealing proceed.

The concept of “equity of expectation” is encouraged by past dealings and creates a form of constructive trust which may be granted by court on land interests.Burden of proof is a concept of clarity on the entitlement need not be proved in estoppel while in constructive trust, it is necessary to prove.It is easier done in estoppel and its assurance is done by the actual owner adopting a sort of conduct is adopted which is does not prejudice or is detriment then an assumption is made that the reliance on the assurance was a course of action.Held: the money was held in constructive trust for the other bank.Dealing in a way that it impedes the rights of other persons over the property leads to a court order instructing for the use of constructive trust showing intention by a joint contribution Llyod Banks plc v Rosset.Proprietary Re Basham is one case that gives the elements of proprietary estoppel as that which has assurance, reliance and detriment all of which do not really have to arise from a contractual relationship, it confers the right of action and arises from the remedies of equity and can bind third parties constituting the equitable proprietary rights.This may arise if the land has been transferred as first an “imperfect gift” in the good case of Dillwyn v Llewellyn (1862) a father had given his house to his son after having spent a lot of money renovating it, the father later dies and the son claimed equitable ownership.The equitable interest to transfer personal property also applies and the last is the creation of several parties that have an interest in the exploration of land seen in Pallant v Morgan.Failure to complete transactions by one party as in Re Rose it is held in trust and is created in the pre-payments fund to an insolvent company.P made a suit on the irrevocable license to occupy that had been made the courts held that all property was to be transferred to the plaintiff.The second if done in common expectation based on the notion of reliance after a relation that makes one of the parties rely on shared property in the assumption that they would raise property from it.

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