Habberfield v Habberfield

A daughter who worked on the family farm for 30 years in reliance on assurances that she would take over the farm was entitled to a large lump sum.

Citation
[2019] EWCA Civ 890
Court
Court of Appeal (Civil Division)
Year
2019
Subject
Land Law
Topic
Contracts for land and proprietary estoppel

Facts

Lucy Habberfield worked for about 30 years on her parents' dairy farm in Somerset, for low wages, relying on her father's assurances that she would take over the farm. When the farm was not passed to her, she left, and after her father's death she claimed against her mother, who had inherited the farm. The trial judge found that a proprietary estoppel had arisen and awarded her a lump sum of £1.17 million. Her mother appealed.

Legal principle

The Court of Appeal dismissed the appeal. Lewison LJ said that the judge was entitled to award a lump sum that reflected the claimant's expectation of a viable dairy farm, discounted for factors such as the acceleration of her receipt and the change in circumstances. The detriment, consisting of 30 years of work and lost opportunities, was substantial.

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