Land Law Essay Example | Topics and Well Written Essays - 2500 words - 4

Land Law - Essay Example1As such, the better order of blank space law is disrupted by proprietary estoppel. In successful proprietary estoppel claims, the apostrophize may transfer, change the nature of, or totally rescind proprietary rights. This is accomplished without first requiring the parties to admit with the strict formality tests to which property rights transactions are subject.2Moreover, it seems that proprietary estoppel violates the all important principle of property law that there has to be consensus for transfer of interests in property. The underlying notion is that the law of property should business in a manner that protects individual property rights. In addition, while applying it, the court should desist from involving itself in issues related to distributive justice. These issues are the preserve of the legislature and other branches of law. 3As such, a real amount of support is provided to proprietary estoppel by those who believe that it permits the co urts to redistribute property rights, with scant regard for the owners consent. Such thinking is challenged by those who contend that equity should not trespass into realms, wherein the parties can be expected to control their relationship by means of a binding contract. 4In Yaxley v Gotts,5 the court reiterated that in accordance with the principles of proprietary estoppel, it was unconscionable for a promisor to break the promise do to the promisee. A very important conclusion to be derived is that an agreement that does not comply with Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, can all the same be enforced by resorting to the doctrine of proprietary estoppel.6In Pritchard v Briggs, the Court of Appeal held that an interest in land was not created by a right of pre emption, acting in isolation. What was required, in addition, was the