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Enforcing a promise relating to Property and Land
In almost all cases any agreement effecting or involving ownership of land must be in writing and signed by all parties. Failure to properly record such transactions in writing can invalidate them.
We can assist you in drawing up a written document recording the terms of any agreement so that you or any other person full understands the full benefit you are gaining or transferring, whether in money, time or other investment.
In addition, in the absence of any written agreement, if you have been encouraged (or have encouraged another) by a promise, representation, or assurance to believe that you or they will gain an interest in any Property or Land, and you or they have acted on this encouragement to their detriment, the courts can step in to prevent you or them from denying such rights: even if this is not in writing. This is known as Proprietary Estoppel.
Proprietary Estoppel does not depend on a formal encouragement or a positive statement to have been made, and merely allowing you or another to proceed in the mistaken belief as to entitlement can also be enough to give a right to enforce this.
Although the list is endless, common examples include:
• forcing a party agreeing to a lease or transfer of land, to formally enter into this,
• enforcing a promise that someone can live in a property for a set period in return for paying off a mortgage or providing other support;
• preventing a party allowing or facilitating another to mistakenly build or carry out works on their land, from then denying ownership or the rights to such land;
• Preventing a party from refusing rights of way or to use utility, after promising such use in return for investment, repair or maintenance of such access or framework.
If you have been promised an interest in any Property, or have invested in a project with the expectation of an income or benefit, which you are now being denied, talk to our specialist team about assisting you in realising this expectation.
Equally, should a third party be attempting to enforce a right which you do not agree they have, we can also offer expert advice in protecting your property against unfair or unlawful exploitation or use.
- Property issues
- Landlord and tenant disputes
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