Willmott v Barber [1880]

Key Points of the Case:

• Lord Fry’s Principles:

1. Mistake of Legal Rights: The claimant (C) must have been mistaken about their legal rights over land that belongs to another.

2. Knowledge of Mistake: The landowner must be aware of the claimant’s mistake regarding their legal rights.

3. Action on Mistake: The claimant must have acted based on their mistaken belief.

4. Encouragement of Actions: The landowner must have either directly encouraged these actions or abstained from preventing them, knowing of the claimant’s mistake.

5. Knowledge of Own Rights: The landowner must be aware of their own legal rights over the land.

• Shift in Approach: The principles outlined by Lord Fry focused on the actions and beliefs of the landowner. However, the doctrine of proprietary estoppel has since shifted to emphasise the position and reliance of the claimant (C), rather than the landowner's conduct.