The Law of Proprietary Estoppel, 2nd Edition by Ben McFarlane | 2020

The Law of Proprietary Estoppel, 2nd Edition by Ben McFarlane | 2020

This second edition is a leading work on proprietary estoppel and has been cited by courts throughout the common law world. It provides a thorough, practice-focused guide to handling proprietary estoppel claims, presenting the relevant authorities in a clear and accessible manner to help readers navigate a complex and fast-evolving area of law. The new edition examines recent case law from England and includes updated discussion of developments in other common law jurisdictions, with new decisions from the highest courts in Australia, Canada, and Singapore.

Proprietary estoppel has become increasingly significant in recent years, often being relied upon by claimants seeking to establish that they have acquired an interest in land through informal means. Owing to its dynamic judicial development, the doctrine lacks a single, settled definition, and there is ongoing debate about its relationship with related concepts such as constructive trusts and unjust enrichment. Because the law in this area is derived almost entirely from judicial decisions, both bringing and defending proprietary estoppel claims can be particularly challenging.

This updated edition of The Law of Proprietary Estoppel offers a coherent framework for understanding the doctrine, assisting practitioners, academics, and others in working through the extensive and complex case law, as well as in appreciating its connections with related doctrines, especially other forms of estoppel. It has been fully revised to include detailed analysis of important recent decisions in farming and family disputes (such as Davies v Davies, Moore v Moore, Habberfield v Habberfield, and Guest v Guest) and in commercial settings (including Hoyl Group Ltd v Cromer Town Council and Farrar v Miller), addressing key issues such as the elements of a proprietary estoppel claim, the significance of formalities, and how an estoppel equity may be satisfied.

Table of Contents of The Law of Proprietary Estoppel, 2nd Edition by Ben McFarlane:

1. Introduction
   
2. Acquiescence, Representation, or Promise
   
3. Reliance
   
4. Detriment
   
5. Unconscionability
   
6. Formal Requirements and Other Possible Bars
   
7. The Extent of the Equity
   
8. Third Parties
   
9. Remedies
   
10. The Wider Legal Context

About the Author of The Law of Proprietary Estoppel, 2nd Edition by Ben McFarlane:

Ben McFarlane serves as Professor of English Law at the University of Oxford and is a Fellow of St John’s College. He has extensive experience teaching and publishing in property law, equity, and the law of obligations, and is especially recognised for his scholarship on proprietary estoppel.