Southwell v Blackburn [2014]

Facts

  • A couple cohabited a property, the claimant having given up a secure tenancy to move in with her partner
  • The couple had no explicit discussion as to the ownership of their home

Issue

  • Could the defendant be estopped from denying his cohabitee’s interest in having a secure home for life?

Decision

  • Yes

Reasoning

  • An equity in proprietary estoppel does not need to arise from a recognised proprietary interest; it may be from a personal interest
  • £28,500 awarded
  • Unconscionability assessments involve balancing expected benefits and detriment
RELATED CASE  Wright v Macadam [1949]

Posted in Land Law Revision Notes.

This page was last updated on 25th April 2015

© 2020 Webstroke Law - Terms and Privacy Policy