PROPRIETORY ESTOPPEL

Under the doctrine of proprietory estoppel, the court has a discretion to award a person a range of interests or rights, such as:
1.       grant a beneficial interest in the property;
2.       grant somebody a sum of money;
3.       grant somebody a right to live in a property for a specified time, for example for life.
The doctrine can arise if:
1.       the claimant mistakenly thinks they have a right in a property, and
2.       the claimant does something to their detriment relying on this mistake, and
3.       the owner knows that their ownership is inconsistent with the claimant’s right, and
4.       the owner knows that the claimant mistakenly believes they have a right, and
5.       the owner either encourages the claimant to do something to their detriment (such as spending money on the property); or at least indirectly does so by not asserting their ownership.
For me to advise you further on whether this applies in your case, I will need to investigate the circumstances in more detail. Please contact me:

 

01934 853355

Laurence Holmes Solicitors, Elms Farm, Brinsea, Congresbury, Bristol BS49 5JL

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