Uglow v Uglow [2004]

Facts

  • The claimant expected to inherit a farm following assurances as to inheritance under a partnership agreement with the deceased, irrespective of the fact that the partnership broke down prior to the deceased’s death (but after detriment had been suffered by the claimant)

Issue

  • Was the claimant entitled to the farm by virtue of proprietary estoppel?

Decision

  • No

Reasoning

  • Proprietary estoppel may only be relied upon where a representation is unqualified, both explicitly and implicitly
  • The deceased’s representations were implicitly qualified by a requirement of success of the partnership
RELATED CASE  Mortgage Corporation v Shaire [2001]

Posted in Land Law Revision Notes.

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