Mediating Proprietary Estoppel Disputes #unlockhorns 

As a solicitor with over a decade of experience in these claims, I have specific expertise in dealing with all the different aspects of them. I have worked with many of the leading barristers and QC’s who have ran these matters to trial and have been involved in the leading cases on this issue. I have now mediated many of these disputes myself as I understand the nuances of the cases, the emotional dynamics that drive the cases, the farming communities and the important issues to them. I am used to looking at plans of land and farming accounts and can cut through the issues to help the parties focus on a workable outcome.

I have been praised for mediating bitter agricultural disputes that have gone on for over 4 years in this context, recently being described as combing “a first class legal brain with tons of emotional intelligence – an excellent mediator all round.”

So what is Proprietary Estoppel?

Proprietary Estoppel is a commonly pleaded case that arises in an agricultural context and the case law surrounding this concept is testament to this. It effectively involves a clear, concise and unequivocal promise made by party A to party B, which is relied on by party B to his or her detriment. A claim arises when party A does not follow through his or her promise. 

The agricultural sector is commonly effected by these claims and the reason for this may be due to the absence of succession planning in the farming world. Many of the cases surround the farmhand, working on the farm for many years, sometimes 40, 50, 60 years for free, perhaps receiving board and lodge only, perhaps never marrying, perhaps never leaving the farm, for a holiday, on the promise that the land or the farm will become theirs once the owner has passed away.

When the owner dies, the will makes no provision for the farmhand and does not follow the promises through. The farmhand is left with nothing but the clothes on his back, no house, no pension, no land to farm. He or she may then decide to bring a claim for proprietary estoppel. The estate receiving the land by virtue of the will, will understandably want to see the evidence to support such a claim and may take the view that no such promises were ever made.

Why is mediation a suitable form of dispute resolution?

Such cases involve costly and extremely hostile and difficult litigation. The person who made the promise usually having passed away and therefore cannot give evidence and the person receiving the benefit of the promise having to rely on witness evidence to prove his or her case.

The outcome of these cases can range drastically and in an agricultural context neither party can feel like a winner at the end of a trial if the judge has sought to carve up land and live stock to neither party’s satisfaction.

Mediation allows the parties to explore creative solutions to the dispute, looking at all aspects of the dispute, the farm involved and the land, livestock and deadstock at stake. Future business plans can be considered as well as clean breaks.

Mediation saves on the emotional stress of litigation running into many months if not years as well as the significant legal fees associated with the litigation.