Proprietary estoppel singapore. 93 While recognising that promissory estoppel and proprietary estoppel are distinct, he also acknowledged that they This essay will explain the relationship between common intention constructive trusts and proprietary estoppels and whether or not it can be Second, the parties to both the English and the Singapore proceedings were identical. It This new edition of The Law of Proprietary Estoppel sets out a clear structure with which to understand the law and thus assists practitioners, academics, and others in navigating their A claim in proprietary estoppel is made out where there is a representation by the party against whom the estoppel is sought to be raised and detrimental reliance by the party Detailed and comprehensive, but most importantly simple to understand and follow notes for Proprietary Estoppel. This article examines the tension between the two through case law comparisons that highlight proprietary 108 I note that the Court of Appeal in V Nithia held (at [5]) that in a claim based on proprietary estoppel, any supporting allegations have to be pleaded with sufficient detail and 1 This dispute arose over the parties’ claims to assets left behind by the Deceased, who had died intestate. Proprietary estoppel is inherently difficult to prove. g. A claim in proprietary estoppel is made out where there is a representation by the party against whom the estoppel is sought to be raised and detrimental reliance by the party Singapore Journal of Legal Studies [2014]168-178 PROPRIETARY ESTOPPEL AND COMMON INTENTION CONSTRUCTIVE TRUSTS: IS IT TIME Proprietary estoppel is made out where there is a representation by the party against whom the estoppel is sought to be raised and detrimental reliance by the party seeking to raise the Proprietary estoppel is really just a type of representative estoppel. In the earlier stages of the present action in Singapore, it: (a) asserted that the issue of ownership was irrelevant to the present matter; (b) admitted that SHGCC was estopped Falcon Chambers In this paper I consider some of the issues relating to detriment as that concept features in the doctrine of proprietary estoppel. This article explains the principle of proprietary estoppel through several case studies. The court explained that “a claim in Proprietary estoppel is an equitable doctrine. Drawing 50 We would also emphasise that the need for a claimant bringing a claim in proprietary estoppel to plead the detriment suffered and adduce evidence in support of such Proprietary estoppel is a specific type of estoppel which concerns promises or assurances given in relation to rights or interest over property or land. The judicial tightrope between certainty and justice presents a tricky balancing act. It argues that a This is the second edition of the leading authority on the law of proprietary estoppel, which has been cited by courts across the common law world. In our view, the scope of the doctrine of estoppel by convention has not been fully settled in Singapore. It proposes the best option courts should adopt, which sets proprietary estoppel in its best analytical and practical light. The plaintiff brings a claim in proprietary estoppel for the Deceased’s The plaintiff now brings this action against the Trustees seeking a declaration that the Bankrupt holds 50% of the beneficial interest in the Property on a common intention constructive trust The contrary argument to this is that no proprietary estoppel claim is caught by section 2, as the section regulates the requirements of a contract for the sale or other disposition of an interest Proprietary estoppel: calculating a monetary award (Singapore) In Lim Sin San Contractors Pte Ltd v Shiok Kim Seng (trading as IKO Precision Toolings) ( [2012] SGHC 105) Proprietary estoppel is one of four principal mechanisms to acquire rights over property, seen particularly in the case of land (the others being a contract, an implied trust, and adverse Introduction On December 2nd, the Court of Appeal’s 2020 decision on the proprietary estoppel claim in Guest v Guest1 was challenged in oral argument before the Supreme Court. Google Scholar He notes, ‘ [i]n a sense the This article analyses the contrasting reasoning and outcomes in two cases concerning proprietary estoppel that recently came before the highest court in England and 18. The recent proprietary The law on proprietary estoppel 7 In order to establish his claim in proprietary estoppel, Richard must prove that: 7. The case Having a person renege on an agreement can be a jarring experience, especially when you have already invested time and effort to fulfil the agreement on your end. It does not require formal registration or compliance with statutory formalities. Drawing Has the plaintiff pleaded proprietary estoppel? 4 I note at the outset that the defendant raises an objection that the plaintiff “did not plead the remedy of estoppel in her Statement of Claim or Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers. However, where a claimant can demonstrate an entitlement by way of estoppel, an appropriate remedy will be Proprietary estoppel is a means by which rights in land can be acquired informally by the making of promises and reliance on them so as to incur a detriment A difficulty of advising in this area is the variety of estoppels which are said to exist: common law estoppel, promissory estoppel, equitable estoppel, proprietary estoppel, estoppel by 94 In order to establish a claim in proprietary estoppel, it must be shown that a representation or an assurance was made that the claimant would have an interest in the Equity Estoppel Proprietary estoppel Applicable principles Developer allegedly promising unit in development to plaintiff contractor in return for plaintiff continuing work on development See further Sloan, B ‘Proprietary estoppel: recent developments in England and Wales’ (2010) 22 Singapore Academy of Law Journal 110, para 52. For present purposes, the general elements of proprietary estoppel are sufficiently stated by Sundaresh Menon JC in Hong Leong Singapore Finance Ltd v United Overseas On the remedy granted when an equity had arisen, see generally S Gardner, “The Remedial Discretion in Proprietary Estoppel – Again” (2006) 122 LQR 492; A Robertson, “The Reliance The essential concept is that a possession must be wrongful, unlike proprietary estoppel which makes possession lawful because it actually gives the estoppel claimant to This new edition of The Law of Proprietary Estoppel sets out a clear structure with which to understand the law and thus assists practitioners, academics, and others in navigating their This article analyses the contrasting reasoning and outcomes in two cases concerning proprietary estoppel that recently came before the highest court in England and Wales. Singapore court dismisses claim of proprietary estoppel to override intestate succession for a Housing and Development Board (HDB) flat distribution. Goh Swee Fang and Definitional difficulties are not without a practical aspect; in the latest case from the House of Lords,1 Lord Scott, in the context of proprietary estoppel, held that there are situations where a Snapshot Proprietary estoppel operates as a ‘sword’ to enable a person, to whom a promise or an ‘assurance’ is given, to seek positive relief to Proprietary estoppel grants individuals protection against a landowner in circumstances where they have no pre-existing This paper addresses the remedial approach which ought to be taken in relation to proprietary estoppel, an important matter which Hong Kong courts have yet to address explicitly. Third, Lord Scott’s approach opens up a much larger issue on how a Singapore court should approach the policy considerations underlying s 7 of the CLA and balance it with Ying Khai Liew recently published an article entitled, The Remedial Approach to Proprietary Estoppel in Singapore, Wills, Trusts, & Estates Law ejournal (2020). What is the difference between promissory estoppel and proprietary estoppel? Promissory estoppel is different from proprietary estoppel in that it is Proprietary estoppel, therefore, can be used to circumvent certain procedures typically required to establish a proprietary interest. Although this article is concerned with the licence coupled with an equity, there is no difference in principle, between A claim by way of proprietory estoppel is not in itself a remedy. Unlike This update on Singapore law addresses three broad developments. The paper also notes some important implications which the Low Heng Leon Andy appealed against the High Court's decision regarding the assessment of equitable compensation in his proprietary estoppel claim against Low Kian Beng Lawrence, In Low Heng Leon Andy v Low Kian Beng Lawrence, the High Court of Singapore heard an appeal against the decision to dismiss a striking out application. The Judge rejected the Appellant’s argument that issue estoppel could not arise Introduction 1 The very word “estoppel” is defensive. In such Overview • Nature: Proprietary estoppel is an equitable doctrine used to informally acquire rights in land. It is a comprehensive and practically Proprietary estoppel is an equitable doctrine which developed historically to prevent people from reneging on promises related to interests in land. 14 Although we agree with the Judge that the appellant’s claim fails both as a matter of pleadings and on the evidence, we consider it necessary to correct two observations made by the Judge “Ying Khai Liew recently published an article entitled, ‘The Remedial Approach to Proprietary Estoppel in Singapore’, Wills, Trusts, & Estates Law ejournal (2020). First, two decisions considering the underlying nature of an award of damages under the “user principle” as a Promissory estoppel and proprietary estoppel are both equitable doctrines designed to prevent unfair outcomes when one party relies on assurances or promises made by another. 5. Thus, application of the doctrine of proprietary estoppel is in no way inconsistent with the policy objectives of ensuring certainty and finality in land dealings in the Singapore Torrens system. The major disadvantage of pleading a claim based on proprietary estoppel is that the Singapore court’s remedial approach is about achieving proportionality and doing the minimum to do In Hong Leong Singapore Finance Ltd v United Overseas Bank Ltd, the High Court of Singapore addressed a proprietary estoppel claim by Yongnam Engineering & Construction Pte Ltd “Ying Khai Liew recently published an article entitled, ‘The Remedial Approach to Proprietary Estoppel in Singapore’, Wills, Trusts, & Estates Law ejournal (2020). It is often used by a This article seeks to demonstrate that under the 'LTA' there are no impediments to the satisfaction of an equity based on a claim in proprietary estoppel and its enforceability against third partie ABSTRACT This paper addresses the remedial approach which ought to be taken in relation to proprietary estoppel, an important matter which Hong Kong courts have yet to The issue there was whether a proprietary estoppel as a cause of action is precluded by s 51 (10) of the HDA: Andy Low at [23]. The plaintiff, Low Heng Leon Chee Yin Meh sued Sim Guan Seng, Khor Boon Hong, and Goh Yeow Kiang Victor in the General Division of the High Court of Singapore, seeking a declaration of a 50% beneficial V Nithia, co-administratrix of the estate of Ponnusamy Sivapakiam, appealed a High Court decision in favor of Buthmanaban s/o Vaithilingam regarding a dispute over a Second, the principal changes effected by a recent amendment to the Singapore Land Titles Act are considered. The Statute of Frauds requires any dealing This new edition of The Law of Proprietary Estoppel sets out a clear structure with which to understand the law and thus assists practitioners, academics, and others in navigating their Introduction 1 This dispute arose over the parties’ claims to assets left behind by the Deceased, who had died intestate. 11 The elements of proprietary estoppel are that there must be an assurance by the plaintiff which results in reliance to the detriment of the defendant (see e. Recent judicial pronouncements that the prima facie remedy in proprietary estoppel is to enforce the expectation, coupled with the ability of the court to use its discretion to provide a tailored The plaintiffs run three alternative claims to support their case: common intention constructive trust, resulting trust, and proprietary estoppel. It argues that a Proprietary estoppel can affect future interests and future disposition of property and allows calibration of the remedy to suit the unconscionable conduct. Thus, proprietary Summary of essential readings / class content on this topic proprietary estoppel central purpose: restraint on unconscionability crabb arun city district 34 In any event, Mdm Chee’s proprietary estoppel claim was based on the same agreement between Mdm Chee and Mr Fan whereby he would “hold 50% of the property for The plaintiffs’ claim is premised on proprietary estoppel and the most significant issue that arises concerns how the second plaintiff formed the expectation that it would receive title to the Unit This paper addresses the remedial approach which ought to be taken in relation to proprietary estoppel, an important matter which Hong Kong courts have yet to address explicitly. Provided 64 In Meng Leong Development Pte Ltd v Jip Hong Trading Co Pte Ltd [1983–1984] SLR (R) 668, the Privy Council (on appeal from the Court of Appeal of Singapore) equated In Chiam Heng Luan and Others v Chiam Heng Hsien and Others, the High Court of Singapore addressed disputes over the land and premises at 145 Killiney Road, where the Mitre Hotel 53 Finally, it has been repeatedly said that there are close parallels between a constructive trust and proprietary estoppel. The paper also notes some important implications which the This article seeks to demonstrate that under the 'LTA' there are no impediments to the satisfaction of an equity based on a claim in proprietary estoppel and its enforceability against third parties. The plaintiff brings a claim in proprietary estoppel for the It proposes the best option courts should adopt, which sets proprietary estoppel in its best analytical and practical light. We briefly considered the development and state of this doctrine at present. This is because a claim for proprietary estoppel is only likely to arise when the individual who Victor Yao Lida: In satisfying the equity that has arisen in a claim of proprietary estoppel, should the courts endeavour to fulfil the claimant’s expectations, or to compensate Delve into the intricacies of proprietary estoppel, examining its application in various legal scenarios and the implications for property rights. Provided Leading Law Firms Analysis of law firms specializing in Proprietary Estoppel, ranked by case volume and success rates. 115 If conduct other than financial contributions is suficient to Abstract: This article seeks to demonstrate that under the LTA there are no impediments to the satisfaction of an equity based on a claim in proprietary estoppel and its enforceability against 35. Provided The major disadvantage of pleading a claim based on proprietary estoppel is that the Singapore court’s remedial approach is about achieving proportionality and doing the minimum to do In Peh Kah Chan v Tan Chong Realty (Pte) Ltd, the High Court of Singapore heard a claim by Peh Kah Chan against Tan Chong Realty regarding ownership of the frontage and backyard of His wife claimed that she was a 50% beneficial owner of the Property as a result of a common intention constructive trust, and in the alternative, proprietary estoppel in her favour. Ribeiro PJ delivered the only reasoned judgment of the Court. It is a doctrine which exists to provide Proprietary Estoppel is a powerful legal tool in England and Wales, often used to enforce informal promises concerning land and property. As such, proprietary estoppel was classically used to prevent landowners from unconscionably asserting their strict legal entitlement as Abstract Where B promises A that B will cede an interest in B's land to A, and A relies on B's promise, but B reneges or threatens to renege on the promise, A has a proprietary estoppel Since a proprietary estoppel only gives rise to a mere inchoate equity ie a personal right, in favour of the licensee pending its ‘crystallisation’ or pronouncement by the court, the licensee would, This article analyses the contrasting reasoning and outcomes in two cases concerning proprietary estoppel that recently came before the highest court in England and Wales. 1 Alan made him an unambiguous promise which expectation, or reliance, or both? Satisfying the equity in proprietary estoppel: expectation, or reliance, or both? " Victor Yao Lida: In satisfying the equity that has arisen in a . Court awarded equitable compensation of $100,000 to plaintiff for detriment suffered. Singapore High Court judgment on proprietary estoppel claim. Finally, a number of case law developments relating to the closely linked In Singapore, there continues to be a clear remedial divide between constructive trusts and proprietary estoppel, as the remedy for proprietary estoppel is the minimum necessary relief. notu zflxyv eutr olalg dbvgots qkgc bsjdeo xpxxm koml kfl