Land Law

Land Law
Read the following question and answer the question:
In Yaxley v Gotts [2000] Ch 162 and Kinane v Mackie-Conteh [2005] EWCA 45, the Court of Appeal held that, whilst there were sufficient grounds for proprietary estoppel, the circumstances also amounted to constructive trust, and both cases fell within the section 2(5) of the Law of Property (Miscellaneous Provisions) Act 1989 exception. In Kinane, Neuberger LJ was prepared to assume that if the claimant could only establish proprietary estoppel and not a constructive trust, he would fail. Consequently, if this reasoning is accepted, it is crucial to determine when a proprietary estoppel also gives rise to a constructive trust. As stated by Neuberger LJ:
“…the essential difference between a proprietary estoppel which does not also give rise to a constructive trust, and one that does, is the element of agreement, or at least expression of common understanding, exchanged between the parties, as to the existence, or intended existence, of a proprietary interest, in the latter type of case”. [2005] EWCA 45, para. 51
Evaluate Neuberger LJ’s approach to the relationship between the respective doctrines of the constructive trust and proprietary estoppel by reference to decided cases and academic commentary.