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8 Third Parties

From: The Law of Proprietary Estoppel (2nd Edition)

Ben McFarlane

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 26 October 2020

Subject(s):
Applicable law

This chapter examines how B’s ability to establish a proprietary estoppel as a result of A’s conduct may affect third parties such as C. First, there may be a question as to the burden of B’s pre-existing proprietary estoppel on a third party. This question will arise where, after the occurrence of facts that would allow B to establish a claimed proprietary estoppel against A, a third party deals with the property to which B’s claim relates. Secondly, there may be a question as to the benefit of B’s pre-existing proprietary estoppel. This question will arise where, after the occurrence of facts that would allow B to establish a claimed proprietary estoppel against A, B2 then acquires, or purports to acquire, a right from B that relates to B’s claim. Thirdly, there may be other circumstances in which third parties may be affected, concerned with neither the benefit nor the burden of B’s proprietary estoppel.

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