New Enquiries: 0330 333 2613
COVID-19 UPDATE - Here at Elliot Mather we are fully operational, and we will do everything we can to support you. Our remote working capability allows us to continue offering our services via free video conferencing apps. Please contact us for further information.

We have specialists in many areas of legal practice. Make an enquiry today: 0330 333 2613

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.

Our Team

Lee Edwards

Lee Edwards

LLP Member and Head of Department
Claire Everest

Claire Everest

LLP Member
Heidi Pearce

Heidi Pearce

LLP Member
Hannah Fairweather

Hannah Fairweather

Solicitor & LLP Member
George Denton

George Denton

Paralegal
Sarah Packer

Sarah Packer

Paralegal
Manisha Sharma

Manisha Sharma

Trainee Solicitor

Ask us a Question

Or if you would prefer to email, send it to Enquiries@elliotmather.co.uk

Logo

Elliot Mather LLP maintains professional indemnity insurance in accordance with the rules of the Solicitors Regulation Authority. Details of the insurers and the territorial coverage of the policy are available for inspection at our offices.

Registered Office: St. Mary's Court, St. Mary's Gate, Chesterfield, Derbyshire, England, S41 7TD

VAT Number: 126 3019 03

Regulatory Notice: Elliot Mather LLP is a limited liability partnership. Partnership number OC321320.

Authorised and regulated by The Solicitors' Regulation Authority. To view code of conduct visit www.sra.org.uk/code-of-conduct.page