We are seeing an increase in claims involving farming families over the last few years where the son or daughter brings a claim alleging that their parents have failed to honour promises made to them about passing down the farm. These claims are based on the legal principle of proprietary estoppel. My colleague, Danielle Spalding, has written an informative article on a recent case Habberfield v Habberfield.
Most proprietary estoppel claims are very much one party's recollection of events against someone with a competing interest. If there is written evidence to show what assurances were given that will clearly be important and was in this case.