Joyce v Epson & Ewell BC [2012]

Facts

  • Following the successful acquisition of planning permission for, and the building of, a garage, but the claimant’s predecessor in title, a local authority sought to charge the claimant £5,000 for a right of access

Issue

  • Could this be prevented through proprietary estoppel?

Decision

  • Yes

Reasoning

  • Although not going as far as an enforceable contract, there was a mutual understanding that a right of way would be granted by the local authority in return for the claimant’s acceptance of a supermarket development nearby
  • Although the Council may not have known specifically that a garage had been built, it was not of crucial significance as some reliance could have been expected in the circumstances
RELATED CASE  Re Basham [1986]

Posted in Land Law Revision Notes.

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