Pascoe v Turner

Pascoe v Turner
Court	Court of Appeal
Citation(s)	[1979] 1 WLR 431
Keywords
Proprietary estoppel

Pascoe v Turner [1979] 1 WLR 431 is an English land law case, concerning proprietary estoppel.

Facts

The husband, after 10 years living in a house registered in his name with his wife, left for a mistress and assured her the house would be hers. She redecorated, improved and repaired, but there was never any written agreement or conveyance. Action for possession.

Judgment

The Court of Appeal held the mistress occupied the house under a bare licence, and had received an imperfect gift of the house. No trust could be inferred, but the encouragement to improve the house in the belief it was hers created a proprietary estoppel. A mere licence can be defeated by a sale of the house, so the husband would have to execute a conveyance, Dillwyn v Llewelyn (1862) 4 De GF&J 517, Inwards v Baker [1965] 2 QB 29, and Crabb v Arun DC [1976] Ch 179 applied.

Proprietary estoppel cases

Dillwyn v Llwellyn (1862) 4 De GF&J 517

Crabb v Arun District Council [1976] Ch 179

Taylor Fashions v Liverpool Victoria Trustees [1982] QB 133

Gillett v Holt [2001] Ch 210

Cobbe v Yeoman’s Row Management Ltd [2008] 1 WLR 1752

Thorner v Majors [2009] 1 WLR 776

Sledmore v Dalby (1996) 72 P & CR 196

Jennings v Rice [2002] EWCA Civ 159

Pascoe v Turner [1979] 1 WLR 431

Land Registration Act 2002 s 116

Yaxley v Gotts [2000] Ch 162

see English land law and proprietary estoppel

Notes

References

External links

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