Proprietary Estoppel in the Court of Appeal
Planning and Environment, Public Law and Judicial Review
Joyce v Epsom & Ewell Borough Council – Court of Appeal
On 17 October the Court of Appeal reserved judgment in a case where a landowner is seeking to raise a proprietary estoppel against a local authority based on dealings between the authority and the landowner’s predecessor in title. The landowner claims that his predecessor relied to his detriment on the authority’s assurance that he would have a right of way over the authority’s land, and that as his successor the landowner can also claim an estoppel. The authority had successfully argued at trial that it would not be unconscionable to require the landowner to pay for the formal grant of an easement.
In the Court of Appeal the local authority was represented by Robin Green.