Informal enforcement
Informal enforcement
- 1999
- Estates Gazette (9939) 2 October 1999, 148(1) .
The case of "Yaxley v Gotts" upholds that the doctrine of estoppel will not be used to validate an oral agreement over land that statute requires to be in writing. However, whilst the CA was unanimous in its acceptance of this principle, it was also prepared to use proprietary estoppel and constructive trusts to give effect to informal agreements.
YAXLEY V GOTTS
ESTOPPEL
CONSTRUCTIVE TRUSTS
PUBLIC POLICY
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
The case of "Yaxley v Gotts" upholds that the doctrine of estoppel will not be used to validate an oral agreement over land that statute requires to be in writing. However, whilst the CA was unanimous in its acceptance of this principle, it was also prepared to use proprietary estoppel and constructive trusts to give effect to informal agreements.
YAXLEY V GOTTS
ESTOPPEL
CONSTRUCTIVE TRUSTS
PUBLIC POLICY
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2