Uncertainty and unfairness of the doctrine of proprietary estoppel- A reappraisal

The doctrine of proprietary estoppel occupies a uniquely significant and nuanced position within the corpus of English land law, mediating between statutory formalism and equitable discretion. The tension between legal certainty and equitable flexibility inherent in the doctrine is examined, focusing on its core elements, viz., assurance, reliance, and detriment and the extent to which they provide predictable outcomes. Particular attention is given to the statutory framework, notably Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and Section 52 of the Law of Property Act 1925, highlighting the doctrinal ambiguity created by the lack of explicit exemption for estoppel. How proprietary estoppel interacts with inheritance law is also explored, especially where informal promises conflict with the formal requirements of wills and statutory claims under the Inheritance (Provision for Family and Dependants) Act 1975. Ultimately, while proprietary estoppel serves as a vital tool for preventing injustice, its uncertain boundaries and discretionary nature challenge the coherence of land law, calling for a more structured doctrinal framework that balances equity with legislative intent.

Citation

Piyal, S. (2026) Uncertainty and unfairness of the doctrine of proprietary estoppel- A reappraisal, Irish Law Times, 44 (2), pp. 14-18

Type

Journal article

Language

en

Description

This is a pre-copyedited, author-produced version of an article accepted for publication in Irish Law Times following peer review. The definitive published version Piyal, S. (2026) Uncertainty and unfairness of the doctrine of proprietary estoppel- A reappraisal, Irish Law Times, 44(2), pp. 14-18 is available online on Westlaw Ireland.

ISSN

0021-1281

Collections

Faculty of Arts, Business and Social Sciences