The Doctrine of Proprietary Estoppel Free Essay Example, 2250 words

It is quite essential to state that the set of guidelines were clearly intended to define the parameters of this equitable doctrine and indeed continued to be applied in proprietary estoppel cases long after, however more recently has been argued that it did not constitute a comprehensively applicable formula . Whilst the five probanda was clearly intended to set out an applicable and consistent framework for the applicability of the estoppel doctrine, the principles set forward in the Wilmot case were extremely similar to the constructive trust format, thereby undermining the purpose of estoppel as a form of recourse. Moreover, the ad hoc and somewhat inconsistent application of the test has arguably rendered proprietary estoppel a loose cannon . For example, in the case of Crabb v Ann District Council, the defendant owned two plots of land, with only one having access to the road. When he sold this plot of land he assured the buyer orally that access to the road would be grante d, however, he failed to reserve the right to access when selling the other plot. The court commented that in order to satisfy the equity several years earlier they would have ordered the plaintiff to pay something for the easement which they were recognising .We will write a custom essay sample on The Doctrine of Proprietary Estoppel or any topic specifically for you Only $17.96 $11.86/page Alternatively, Scarman relied upon the Willmott v Barber probanda and as such, the council was estopped from asserting their legal rights. Nevertheless, the divergence in judicial justification for ultimately reaching the same decision clearly begs the question as to whether proprietary estoppel is, in fact, a doctrine or a patchwork quilt of various ideas applied on a case by case basis.