Proprietary Estoppel: widening the net

Abstract

Most of the case law on the entitlement to family assets is concerned with disputes concerning beneficial ownership of the matrimonial (or quasi-matrimonial) home. This, of course, is not surprising given that the family home is likely to be the most substantial asset acquired by the parties during the period of their marriage or cohabitation. Disputes about property ownership, however, may not always be confined to the home and may include entitlement to other assets such as chattels owned by one of the parties. In this context, the doctrine of proprietary estoppel (which readily applies to land) have been far less developed by the courts although, in principle, there seems little reason why they should not form the basis of entitlement in appropriate cases. This article examines whether the doctrine can extend to property other than land.