15th June 2026 ❘

Proprietary Estoppel in Farming Disputes: What Farming Families Need to Know

Proprietary Estoppel in Farming Disputes: What Farming Families Need to Know

Proprietary estoppel is a legal doctrine that can allow someone to bring a claim where they have relied on promises or assurances about land, property or a farming business, only for those promises to be withdrawn or not reflected in a will.

The principle exists to prevent unfairness. In certain circumstances, the courts may intervene where a person has organised their life around promises relating to property or inheritance and would suffer an injustice if those promises were ignored.

At Burnetts, we regularly see disputes arise where farming families have relied on informal succession arrangements for many years without recording them in formal legal documents. While these arrangements often work while relationships remain positive, problems can arise when circumstances change or when a farm owner dies leaving a will that does not reflect earlier assurances.

What is proprietary estoppel?

Proprietary estoppel is a legal principle that allows the courts to step in where someone has been promised land, property or a future interest in a business, has relied on that promise and would suffer an unfair outcome if it were not honoured.

Unlike many legal agreements, the promise does not necessarily need to be set out in writing. The courts will look at the wider circumstances, including conversations, conduct and the actions taken by the person who relied upon the promise.

This makes proprietary estoppel particularly relevant in family businesses and farming families, where succession plans are often discussed informally over many years.

When can a proprietary estoppel claim arise?

A proprietary estoppel claim will generally require four key elements:

  • A clear promise or assurance was made
  • The claimant relied on that promise
  • The claimant suffered a detriment as a result
  • It would be unfair or unconscionable for the promise not to be honoured

The courts will assess all the circumstances of the case rather than applying a strict checklist. The key question is whether it would be unjust for the person making the promise, or their estate, to go back on what was said.

Importantly, there is no requirement for the promise to have been made formally or in writing. Verbal assurances can be sufficient where there is evidence that they were made and relied upon.

Why is proprietary estoppel common in farming disputes?

Proprietary estoppel claims frequently arise in farming inheritance disputes because many farms are passed down through generations and succession plans are often based on long-standing family understandings rather than formal legal arrangements.

A family member may spend decades working within the farming business on the expectation that they will one day inherit the farm or take over its management. Difficulties can arise if those expectations are not reflected in a later will or if circumstances change.

Common examples include:

  • A son or daughter working on the farm for many years on relatively low pay
  • Turning down alternative employment opportunities elsewhere
  • Remaining involved in the farming business because of promises about future ownership
  • Investing significant time, effort or money into the farm
  • Repeated assurances that land or the farming business will eventually pass to them

When those expectations are not met, proprietary estoppel may provide a route for bringing a claim.

What counts as detriment?

A claimant must usually show that they suffered a detriment by relying on the promise that was made.

Detriment can take many forms and is not limited to direct financial loss. Examples may include:

  • Working long hours for limited remuneration
  • Accepting a lower income than could have been earned elsewhere
  • Investing labour, expertise or money into the farm
  • Giving up alternative career opportunities
  • Making life decisions based on an expectation of future inheritance

The courts take a broad approach when assessing detriment. In agricultural disputes, they often recognise that a claimant may have organised their entire working and personal life around an expected succession arrangement.

What can the court do if a claim succeeds?

If a proprietary estoppel claim is successful, the court has considerable discretion when deciding how to achieve a fair outcome.

Potential remedies include:

  • The transfer of land or property
  • Financial compensation
  • A share of the farming business
  • Rights to occupy a property
  • Other arrangements designed to reflect the claimant’s reliance on the promise

The court is not necessarily required to enforce the promise exactly as it was originally made. Instead, it will seek to reach a remedy that fairly reflects the promise, the reliance placed upon it and the detriment suffered.

Every case turns on its own facts, which is why specialist legal advice is important at an early stage.

How can farming families avoid proprietary estoppel disputes?

Many proprietary estoppel claims arise because expectations and succession plans have never been properly documented.

While every family situation is different, disputes can often be reduced through:

  • Keeping wills up to date
  • Reviewing succession plans regularly
  • Recording intentions clearly
  • Ensuring farming partnership agreements accurately reflect current arrangements
  • Taking legal advice when circumstances change
  • Having open discussions about succession where appropriate

Effective succession planning is not only about protecting the future of the farm. It can also help avoid uncertainty, reduce the risk of family disputes and provide clarity for future generations.

Seeking advice on farming inheritance disputes

Proprietary estoppel claims can be legally complex and emotionally challenging, particularly when they involve family farms that have been built up over generations.

Our Agri and Estates and Dispute Resolution teams advise farming families, landowners and rural businesses across Cumbria, Newcastle and the wider North of England on succession planning, inheritance disputes and proprietary estoppel claims.

If you would like advice on a potential claim, or support with succession planning to help avoid future disputes, please get in touch and you can speak with one of our specialist solicitors.