Crabb v Arun DC [1976] Ch 179

House of Lords

Basic Facts: C owned land with access via point A on D’s road. D agreed to allow temporary access via point B during a sale but later obstructed it, leaving C’s land landlocked.

Issue for the Court: When can a person rely on proprietary estoppel?

Held: The court held that proprietary estoppel can create an easement where the landowner acts to their detriment in reliance on a promise made by the dominant landowner.

Lord Denning MR

• Proprietary estoppel can create a cause of action if:

• A promise or conduct leads another to believe in a right.

• That belief is acted upon, and the promise or conduct leads to detriment.

• D’s conduct, in confirming C’s belief and causing loss, means C should not pay for access.

Lawton LJ

• Even informal agreements can be binding if there is a clear understanding and reliance, especially if it benefits the community.

Scarman LJ

• Equity will intervene if D’s conduct is unconscionable, but the court must balance the requirements of estoppel with minimum equity.