The claimants owned land against which they said, the defendant had wrongfully registered notices. They sought removal of the notices, damages, and an injunction to prevent further notices being registered. The first defendant asserted an oral agreement for the purchase of the site. The claimant sought a strike out of the defence.
Held: The balance between the doctrine of proprietary estoppel and section 2 of the 1989 Act is not yet clear. The court doubted that the defendant would be able to establish an estoppel to get around the Act. The evidence that the defendant believed that a contract had been created was not credible having istelf taken part in the tendering process which stood in place of the agreement it now asserted. The defence was struck out.
Briggs J
[2007] EWHC 2086 (Ch)
Bailii
Land Registration Act 2002 77, Law of Property (Miscellaneous Provisions) Act 1989 2
England and Wales
Citing:
Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Cited – Yeoman’s Row Management Ltd and Another v Cobbe CA 31-Jul-2006
The defendants orally agreed to sell the claimant a block of flats for andpound;12 million if he first obtained planning permission for it on terms as to a sharing of subsequent development profits. The claimant spent over andpound;100,000 and . .
Cited – MCA Records Inc and Another v Charly Records Ltd and others (No 5) CA 5-Oct-2001
The court discussed the personal liability of a director for torts committed by his company: ‘i) a director will not be treated as liable with the company as a joint tortfeasor if he does no more than carry out his constitutional role in the . .
Lists of cited by and citing cases may be incomplete.
Registered Land, Contract, Estoppel
Updated: 15 January 2022; Ref: scu.262175