Comments on: Constructive Trust and Proprietary Estoppel again

By: NL

NL — Thu, 26 Feb 2009 19:37:10 +0000

And just a few lines above, I’d said ‘we can’t answer questions by law students’.

Sorry Shameer – not wholly directed at you, and I appreciate you have at least thought about it, but I’ve had quite a few emails with questions recently as well.

So for clarity, WE ARE NOT GOING TO ANSWER ANY STUDENT QUESTIONS ABOUT PROPRIETARY ESTOPPEL AND CONSTRUCTIVE TRUST. It is not what we are here for and if we started, believe me, we would get nothing else done.

And with that, I’m closing comments on this post. I wish I’d called it something different…

By: Shameer

Shameer — Thu, 26 Feb 2009 17:14:53 +0000

I may be asking something that may seems stupid however, a yes or no answer would be appreciated to minimise the waste of your time. Is the main difference between a Constructive Trust (CT) and Proprietary Estoppel (PE) that PE requires a reliance on an assurance (unilateral) to the detriment of that person relying, whereas a CT requires an understanding between the two parties, not merely unilateral conduct? Also for a CT there must be financial contributions made to the purchase of the home, in general anything less will not be considered. Whereas, in a case of PE there is no need for financial contributions to the home but merely, the detrimental act in reliance of the assurance (apologies for any tautology).

Many thanks,

Shameer

By: Jellyjam

Jellyjam — Wed, 21 Jan 2009 16:45:43 +0000

That’s quite alright. Thank you so much for taking your time out to answer my question though. I will do some more research into the topic.

By: NL

NL — Wed, 21 Jan 2009 16:12:20 +0000

There are plenty of articles and books on the topic – but chose something very recent as the position and arguments have changed over the last couple of years. Time for some research skills exercise. You could also have a look at some of the other CT and Proprietary estoppel cases on this blog – look at the actual judgments.

I’m afraid we can’t answer questions by law students like this. Partly because if we did we would never get anything else done and partly because figuring this sort of issue out is an important part of learning the complexity of how the law works.

By: Jellyjam

Jellyjam — Wed, 21 Jan 2009 13:24:39 +0000

Hello.

I am a law student and I am having great difficulties in differentiating between estoppel and constructive trusts. Is there a journal which you could recommend to me which explains the differences please?

I’m also confusing myself as to whether it is possible to use both constructive trusts and estoppel as a defence. Can this be the case?

I understand if you do not wish to answer my query because you may feel that I’m not working hard but I have been reading and I’m really struggling to get to grips with this subject. I hope you can help.

Many thanks.

By: Bob

Bob — Sat, 22 Nov 2008 10:18:55 +0000

Thanks Dave, I actually think I’ve read too much! As you say there is so much in the text books and many often contradict each other or indeed offer no opinion on how one out ways the other, instead focussing on each of them individually.

Thanks for your help

Kind Regards

By: dave

dave — Fri, 21 Nov 2008 22:11:22 +0000

@Bob: this is obviously a difficult academic question and, in Yeoman’s Row, on one view the HL begin a process of dissociation. The earlier remarks that they were similar etc must now be treated with caution. There is so much written about the similarities and contrasts in academic journals that you just need to take your pick; or just read about it in one of your textbooks which contain a good summary of the issues.

By: Bob

Bob — Fri, 21 Nov 2008 12:28:18 +0000

I’m a rather mature law student who can’t quite get to grips with something so wondered if you could help!

I can’t really see what the difference is between Proprietary estoppel and Constructive trusts. Can you point me in the right direction?

My essay is on the effects of Yeoman’s Row has on proprietary estoppel but I feel that I should also have an understanding of constructive trust as it is mentioned in many of the judgements leading up to YRM v C

By: NL

NL — Thu, 16 Oct 2008 23:06:23 +0000

June,

we can’t comment or advise on individual’s situations or problems via this blog, I’m afraid. I would strongly suggest seeking advice from a solicitor, probably one that has a specialism in community care or trust of land issues. You can find legal aid specialist solicitors via the link at the top right of this site, and also check if you are eligible for legal aid.

By: June

June — Thu, 16 Oct 2008 22:50:39 +0000

I am 52 years old and have lived with my parents all of my life. My mother died many years ago and my father (who is 93 and owns our home) has recently had to go into a residential care home. My brother and I have got an LPA jointly and independently. Because of my fathers savings, he has to pay for his care but when his savings have gone the local authority can put a charge against the property. I have recently spent £20,000 to improve the property and been told thet I need to apply to the Court of Protection to ‘acquire an interest in the property’. What steps should I take in order to get the local authority to ignore the value of the property? I have looked after my dad for many years and never claimed attendance allowance or other help from the local authority so it seems unfair that they can have an interest in my home.