An estoppel preventing a person from refusing to grant an interest in land to another, where the person has knowingly acquiesced in or encouraged the other’s taking possession of and/or outlaying money on the land in the expectation of acquiring an interest in it.
As such, proprietary estoppel is a remedy which operates to restrict the unconscionable assertion of legal title. It works where a party has suffered a detrimental reliance on the inducement of assumption from the legal title holder. For proprietary estoppel to arise, the following conditions must be met:
- The legal title owner must have requested or allowed the relying party to spend money on the land in question
- The legal title owner must have created or allowed an assumption that the relying party would be entitled to remain on the land
- The relying party must have suffered a detriment from relying on the assumption induced by the legal title owner