Crabb v Arun District Council
1975 · [1976] Ch 179
Posted By lanbuk.com
- Facts
- The council led Crabb to believe he would have access from his land onto its road. In reliance, he sold part of his land, leaving the rest with no other access. The council then refused access.
- Issue
- Was the council estopped from denying the right of access?
- Held
- Yes. The Court of Appeal held that a arose, and granted a right of access without payment.
- Principle
- Proprietary estoppel can create a new right, and the court does what is needed to satisfy the equity.
- Why it matters
- It shows proprietary estoppel acting as a sword.
Words and Latin in this note
- Proprietary estoppel
- An equity that arises when an owner leads another to believe he has or will get a right in property, and the other relies on it to his detriment. The court gives the minimum remedy needed. Open the note.
- Licence by estoppel
- An equity that arises where the owner encourages another to act to their detriment, believing they have or will have a right in the land. The court gives whatever remedy is just. Open the note.
- Estoppel
- A rule that stops a person from going back on something they said or did when another person relied on it. Open the note.
Also on Lanbuk
- The judgment: Crabb v Arun District Council [1976] Ch 179 (23 July 1975)
- Crabb v Arun District Council in Lanbuk on the Law of Land
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.