Proprietary Estoppel Quiz

Which of the following statements is correct? Olivia will certainly have a constructive trust interest based on her help, provided to Anthony on a day-to-day basis. Olivia cannot enforce these assurances since they are informal and do not comply with s.2 Law of Property (Miscellaneous) Provisions Act 1989. Olivia can claim that an estoppel has arisen on the grounds that she had - following repeated assurances that she would inherit Anthony's estate - acted to her detriment by giving up her career to look after him. Olivia could argue that an estoppel has arisen on the basis that it is unfair that Julia inherits everything since she has not had any contact with Anthony for the last ten years and she did not care about him.

• Olivia will certainly have a constructive trust interest based on her help, provided to Anthony on a day-to-day basis.

• Olivia cannot enforce these assurances since they are informal and do not comply with s.2 Law of Property (Miscellaneous) Provisions Act 1989.

• Olivia can claim that an estoppel has arisen on the grounds that she had - following repeated assurances that she would inherit Anthony's estate - acted to her detriment by giving up her career to look after him.

• Olivia could argue that an estoppel has arisen on the basis that it is unfair that Julia inherits everything since she has not had any contact with Anthony for the last ten years and she did not care about him.

The courts, when satisfying the equity arising through a proprietary estoppel, will take a number of factors into consideration. Which of the following statements is true?

• The courts will consider all the relevant circumstances of the case and use their discretion in awarding a remedy. The courts, in exercising their discretion, will always award the claimant the maximum possible to satisfy the equity.

• The courts are not confined to a particular method in satisfying the equity. They will consider all the relevant circumstances of the case and use their discretion in awarding a remedy. In their assessment of providing a remedy, the courts will strive to achieve a fair balance between the expectation and the detriment suffered.

• The courts will always consider the relevant circumstances of the case in satisfying the equity. Where there is a vague expectation, the courts will never use their discretion to award a remedy.

• The courts have formulated a clear set of rules which deal with providing a remedy to those who have suffered to their detriment, having relied on an expectation. These rules enable claimants to work out exactly the extent of the compensation.

In order to establish a potential interest in land through proprietary estoppel, the court will go through a two stage process; firstly establishing that an equity has arisen, and then identifying an appropriate remedy.

• True

• False

Which of the following elements are required to establish a claim of proprietary estoppel? Please select all that apply.

• An assurance that the claimant would acquire an interest in the property.

• Reliance by the claimant on an assurance that the claimant would acquire an interest in the property.

• Detriment suffered by the claimant in reliance on an assurance that the claimant would acquire an interest in the property.

• Only (a) and (b) above.

In order to establish one of the elements of proprietary estoppel, the claimant must establish that the _______has made an assurance to the claimant in respect of the property.

The assurance given by the legal owner to the claimant in respect of the property may be:

• only an active assurance.

• only a passive assurance.

• either active or passive assurance.

• neither active nor passive assurance.

In assessing the detriment that the claimant has suffered, the court may take into account:

• any loss suffered by the claimant.

• any burden or cost suffered by the claimant.

• any benefits enjoyed by the claimant.

• none of the above.

In recent years, the distinction between the three elements of proprietary estoppel (assurance, reliance and detriment) have become increasingly blurred. Courts now often refer to the overarching concept of _______.

If the claimant can establish that a proprietary estoppel has arisen, he or she will automatically have an equitable interest in the property.

• True

• False

If a claimant establishes that a proprietary estoppel has arisen, the court may decide that the estoppel has been satisfied and will not award any further remedy.

• True

• False