Howe & Anor v Gossop & Anor [2021] EWHC 637 (Ch) (19 March 2021)

Howe & Anor v Gossop & Anor [2021] EWHC 637 (Ch) (19 March 2021)

Proprietary estoppel can arise where a party reasonably relies to their detriment on a promise regarding land, even if the agreement does not comply with Section 2, provided the relief does not enforce a void contract but remedies unconscionability. The Green Land agreement was sufficiently certain, and the respondents' detrimental reliance made it unconscionable for the appellants to seek possession. Section 2 did not bar the relief granted.

Citation
[2021] EWHC 637 (Ch)
Parties
Claimant/appellant: Anthony Richard Howe; Claimant/appellant: Deirdre Howe; Defendant/respondent: Cheryl Gossop; Defendant/respondent: Dean Gossop
Jurisdiction
England and Wales
Judgment Date
19 March 2021
Procedural Posture
Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Proprietary Estoppel, Section 2 Law of Property (miscellaneous Provisions) Act 1989, Unconscionability, Formalities in Land Transactions
Property Law Equity Proprietary Estoppel Section 2 Law of Property (miscellaneous Provisions) Act 1989 Unconscionability Formalities in Land Transactions

Case Brief

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Parties

Anthony Richard Howe

Claimant/appellant

Deirdre Howe

Claimant/appellant

Cheryl Gossop

Defendant/respondent

Dean Gossop

Defendant/respondent

Procedural Posture

Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether proprietary estoppel can arise where an agreement for the disposition of land does not comply with Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
  2. 2 Whether unconscionability exists to prevent the landowner from asserting strict legal rights
  3. 3 Whether the case must be 'exceptional' for proprietary estoppel to apply

Ratio Decidendi

Proprietary estoppel can arise where a party reasonably relies to their detriment on a promise regarding land, even if the agreement does not comply with Section 2, provided the relief does not enforce a void contract but remedies unconscionability. The Green Land agreement was sufficiently certain, and the respondents' detrimental reliance made it unconscionable for the appellants to seek possession. Section 2 did not bar the relief granted.

Court Disposition

Appeal dismissed

Orders

  • Mr. and Mrs. Gossop are entitled to an irrevocable licence to occupy and use the Green Land as a garden for so long as they live and continue to own Lea Farm.
  • Mr. and Mrs. Howe's claim for possession of the Green Land is denied.