Crabb v Arun District Council
Encyclopedia
Crabb v Arun District Council [1975] EWCA Civ 7 is a leading property
and contract
case concerning "proprietary estoppel
". Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration
for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that in the peculiar situation of land, consideration is not necessary at all.
, near Bognor Regis
. His neighbours on three and a half acres to the west were Arun District Council (formerly Chichester Rural District Council). The north part of Mr Crabb's land faced Hook Lane, and the West side was Mill Park Road, which also the east side of the council's land. There were two access points to Mill Park Road, which led up to Hook Lane, and out of the village, point "A" and point "B". The access point "A" was open by virtue of a formalised easement
, granted when the previous owner of the whole five and a half acres had sold the property on to both. But access point "B" was only open because the council was letting Mr Crabb use it. In February 1968 the council put up gates at point "A" and "B". Believing that he had the assurance that he could use both gates, Mr Crabb sold off the northern half of his land, where access point "A" was. Thus, for the southern half of his land, he relied on having access point "B" open. In January 1969 he put a padlock on the inside of the gate there. This made the council angry. They responded by taking down the gate and putting in fences. Mr Crabb asked that it be opened again. The council said they would in return for £3000. Mr Crabb sued the council, alleging that he had been given an assurance that the gate would remain open.
The judge found that Mr Crabb had received no firm assurance, but more importantly, if there was, Mr Crabb had given no consideration in return for it, and it was not enforceable. Mr Crabb appealed.
English property law
English property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...
and contract
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case concerning "proprietary estoppel
Proprietary estoppel
Proprietary estoppel is a legal claim, which may arise in relation to rights to use the land of the owner, and may even be effective in connection with disputed transfers of ownership.-Outline:Proprietary estoppel can be broken into a number of steps...
". Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration
Consideration
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from...
for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that in the peculiar situation of land, consideration is not necessary at all.
Facts
In 1965 Mr Victor Crabb bought two acres of land in the sea-side village of PaghamPagham
Pagham is a coastal village and civil parish in the Arun district of West Sussex, England, with a population of around 5,500.-Geography:The village comprises three main areas:*Pagham Beach, coastal area, developed in the early 20th Century,...
, near Bognor Regis
Bognor Regis
Bognor Regis is a seaside resort town and civil parish in the Arun district of West Sussex, on the south coast of England. It is south-south-west of London, west of Brighton, and south-east of the city of Chichester. Other nearby towns include Littlehampton east-north-east and Selsey to the...
. His neighbours on three and a half acres to the west were Arun District Council (formerly Chichester Rural District Council). The north part of Mr Crabb's land faced Hook Lane, and the West side was Mill Park Road, which also the east side of the council's land. There were two access points to Mill Park Road, which led up to Hook Lane, and out of the village, point "A" and point "B". The access point "A" was open by virtue of a formalised easement
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
, granted when the previous owner of the whole five and a half acres had sold the property on to both. But access point "B" was only open because the council was letting Mr Crabb use it. In February 1968 the council put up gates at point "A" and "B". Believing that he had the assurance that he could use both gates, Mr Crabb sold off the northern half of his land, where access point "A" was. Thus, for the southern half of his land, he relied on having access point "B" open. In January 1969 he put a padlock on the inside of the gate there. This made the council angry. They responded by taking down the gate and putting in fences. Mr Crabb asked that it be opened again. The council said they would in return for £3000. Mr Crabb sued the council, alleging that he had been given an assurance that the gate would remain open.
The judge found that Mr Crabb had received no firm assurance, but more importantly, if there was, Mr Crabb had given no consideration in return for it, and it was not enforceable. Mr Crabb appealed.