estoppel

[steampowered]

Here u go steampower below is from book

 

benefits taken from c from p may be taken into account when assessing whether c has suffered detriment c must show she has suffered net detriment after such benefits are taken into account.

The balance of benefit and detriment may fluctuate over time, such that it may be unconscionable for p to seek to resile from his assurances at some points in time not others.

Take an eg where p encourages c to make certain improvements to p's property

in the belief she will be permitted to remain there.

It may be unconscionable for p to resile from the assurance immediately after c carries out the work. c would suffer a detriment and would have gained little benefit.

However if after c carries out the works she lives in the property for 18 years without paying rent, it may not be unconscionable for p to than assert his ownership rights. * --

 

Thanks for this. It is a valid point. The key word is 'may' ... there are not many certainties in this area of law, although it doesn't sound like her Defence is very convincing.

[tiger7861]

Recently all the bills have been

Transfered to her name inc council tax

will that have any consequence on me

[raydetinu]

I don't know about recently, why was this not done from day one as she was living there? and responsible for them.

should have no consequences IMO.

who was paying before?

[tiger7861]

I don't know about recently, why was this not done from day one as she was living there? and responsible for them.

should have no consequences IMO.

who was paying before?

I was but cannot afford to

[tiger7861]

Is this case her word against mine 50 fifty

case

[steampowered]

Is this case her word against mine 50 fifty

case

 

Essentially yes. However, as she is the one claiming proprietary estoppel, I think the burden of proof is on her to prove that you made the promise and that she has suffered detriment. Noone can give any guarantees about what a judge might do, particularly when they have not had the benefit of reading all the court documents, but unless she has some good evidence to support what she is saying I would think the judge is likely to reject her claim.

[tiger7861]

With out any written docs does.the case still have any chance i dont think there will be any witnesses when we talk abt witnesses do we mean ppl i apparantley told this to infont of her etc?

[steampowered]

With out any written docs does.the case still have any chance i dont think there will be any witnesses when we talk abt witnesses do we mean ppl i apparantley told this to infont of her etc?

 

She will need to be a witness. You will also need to be a witness. The judge will have to take a view as to whether you or her are more reliable witnesses.

 

She may also call other people who claim to have overheard the promise, if there are any such people.

[tiger7861]

So the ppl should have heard me say this rather than her telling them ?

[steampowered]

Yes, I think so.

 

She could call someone to give evidence along the lines of "she told me that tiger7861 said this" but to be honest I think this is pretty useless and has no real evidential value. It is also hearsay.

[tiger7861]

Yes, I think so.

 

She could call someone to give evidence along the lines of "she told me that tiger7861 said this" but to be honest I think this is pretty useless and has no real evidential value. It is also hearsay.

 

Ok cool but could not everybody start saying this you promised this you promised me that i am the legal owner i have deeds but i am still being challanged i have paid all my mortgage off

[tiger7861]

Normally these xases happen after some dies and will kicks in

[tiger7861]

She has 3 children will court be lenient on her?

[steampowered]

Ok cool but could not everybody start saying this you promised this you promised me that i am the legal owner i have deeds but i am still being challanged i have paid all my mortgage off

 

Exactly. In theory the law recognises verbal promises, so it is not possible for anyone to tell you with 100% certainty what the result would be. Generally speaking the courts are reluctant to give people a right to other people's property on the basis of flimsy alleged promises unless there is very good evidence to back that up (which usually means written documentation).

 

She has 3 children will court be lenient on her?

 

I can't imagine it would affect the proprietary estoppel issue.

 

It might affect the eviction, but I'm not so knowledgeable on evictions.

[raydetinu]

I think you are asking the same question over and over again.

The advise given is based on what you have said, and until something happens regarding any court action it is pointless to keep speculating.

When you have court documents with disclosures and detailed arguments and statements, it is not worth commenting any further.

Just wait and see what her defence is to the eviction in court.

The judge could just dismiss it and ignore her claim or stop it until her claim has been established or denied in another court.

What has your solicitor advised you?

Have you thought about taking the house back?

[tiger7861]

I think you are asking the same question over and over again.

The advise given is based on what you have said, and until something happens regarding any court action it is pointless to keep speculating.

When you have court documents with disclosures and detailed arguments and statements, it is not worth commenting any further.

Just wait and see what her defence is to the eviction in court.

The judge could just dismiss it and ignore her claim or stop it until her claim has been established or denied in another court.

What has your solicitor advised you?

Have you thought about taking the house back?

I want a court order b4 i enter the house

[raydetinu]

What has your solicitor advised so far?

[tiger7861]

What has your solicitor advised so far?

 

Hes advised seeing all the documentaion

Witness statements etc and reviewing

With a view of gng to trial

[raydetinu]

You don't get witness statements until you ARE going to trial??

I thought you had started eviction proceedings? have you got a court date? It will be up to her to defend eviction!

[tiger7861]

You don't get witness statements until you ARE going to trial??

I thought you had started eviction proceedings? have you got a court date? It will be up to her to defend eviction!

Yes in jan 2014 is the trial date eviction notice was sent in 2012 middle then she applied for.legal aid which took five.months the courts allowed her time to apply for legal aid.

[The Mould]

Yes in jan 2014 is the trial date eviction notice was sent in 2012 middle then she applied for.legal aid which took five.months the courts allowed her time to apply for legal aid.

 

 

Your solicitors can only request documents under CPR Pt 31 that she has referred to in her statement ofcase (Particulars of claim) or her and her witness statements.

It appears to me that you are in a panic over this matter,even though you have your own nominated agents litigating this matter.

Are you telling us the truth? Is there something about this case and thecircumstances that you are not disclosing here, because if this was my case, Iwould tell ex daughter-in-law to go to hell (politely that is) and that at the trial you will be able toprove/convince the judge that her claim is unmeritorious, unsubtstiated and thatshe is arguing a case that she cannot and has not advanced.

In the light of such, you will be seeking to recover yourcosts against her.

If you withhold information here that is relevant and importantto your case, whilst I do not speak for other fellow Cag members, suchnon-disclosure here will mean that I cannot advise you or help or support youwith your case that has been laid out here by you.

You appear to be in panic mode on this matter, did you givea promise or not and what was the exact terms of that promise?; be honest to me and all who have posted herefor you about this matter here, the trial judges are not stupid, if you tell alie in Court, you will be found out.

What promise did you give? Because I am inclined now to believe that you clearly did give a promiseto ex-daughter-in-law and son; Honest answer please, otherwise, I am bowing out of this case/thread and wishyou good luck on the same.

I cannot emphasise the importance of you being honest withme ( all of us), you have instructed solicitors to act for you in this matter,please confirm their findings and their opinion on this matter.

Kind regards

The Mould

[raydetinu]

I also don't understand why you are reluctant to take the house back as it yours! you have a perfect right..

It would then be up to her to prove her case and take you to court and doubt she would get legal aid for that.

As it is the judge may not grant eviction until her rights have been established or he may just dismiss them, risky!

[The Mould]

It’s your property is it not? You own title absolute thereof, yes?

 

 

 

If yes, then go to property and throw out all of her belongings, including any furniture that belongs to her,knives, folks, spoons, plates etc. etc, everything owned by her. She is a squatter and she has no rights to reside in said property, therefore, get your heavy hands out and literally throw her and her belongings into the street.

 

 

 

What are you frightened off, because based upon the material posted here by you, the law is on your side!!!!!!!!!

 

 

 

Has she paid all or any rent due on property? Or does your offer of she can live their rent and mortgage free while her name remains on local authority housing lists remain extant, if yes, give her two weeks’ notice to vacate otherwise her and all her possessions will be thrown into street because the purpose upon which your promise was given to her and your son jointly is no longer extant and has not been extant for the past xyz period of months.

 

 

 

Get a JCB in and pull the place apart if she refuses to move!!!!!!!

 

 

 

Your house, yes or no? If yes, then protect your interest and if she refuses to vacate, get the big machines in to bulldoze, at first sight of crumbling brickwork, I guarantee you that she will evacuate the building . The demolition of the property needs only to be minimal and can easily be made good without expensive repairs. Show her that you mean business, its your property, if this was happening to me, the JCB would have been in to start demolition works months ago! Regardless of whether she vacated the building or not!!

 

 

 

Bulldoze her, but give two weeks’ notice first, she is a squatter and they do not have any rights any more.

 

 

 

Kind regards

 

 

 

The Mould

Edited October 22, 2013 by citizenB

[steampowered]

Not sure it would be wise to evict forcefully while eviction proceedings are ongoing ... it sounds like the Op has already received legal advice on this.

[tiger7861]

Dear all i have been advised by my solicitors while legal process is taking place do not enter the house how can i kick them out my grand children are there

FInally i never promised any one anything