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.

Divisions: College of Business and Social Sciences > Aston Law School
Publication ISSN: 1742-660X
Last Modified: 08 Dec 2023 11:51
Date Deposited: 09 Jul 2021 14:26
Full Text Link: https://gala.gr ... d/eprint/33515/
Related URLs: https://uk.west ... w/FullText.html (Publisher URL)
PURE Output Type: Article
Published Date: 2021-09
Accepted Date: 2021-07-02
Authors: Pawlowski, Mark
Brown, James (ORCID Profile 0000-0003-4014-6824)

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Version: Accepted Version

Access Restriction: Restricted to Repository staff only until 1 January 2050.


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