Also known as: servitudes by estoppel · estoppel servitude
Written by attorneys · grounded in primary & secondary sources — see below
An equitable doctrine that creates a servitude burdening land when the owner or occupier permits another to use the land under circumstances making substantial detrimental reliance reasonably foreseeable and the user does rely, or represents that the land is so burdened under circumstances making such reliance reasonably foreseeable and the recipient does rely, if injustice can be avoided only by establishing the servitude.
Orion Properties LLC told Lena during lease talks that a rear driveway behind the shopping center came with her boutique space. Lena then built a rear entrance and shipping system that depended on the driveway. When Orion later ordered her to stop using it, the court recognized a servitude by estoppel because Lena's foreseeable investment made revocation unjust.
Omar told Lena she could use his farm lane anytime for her packing-shed trucks. Lena then graveled and widened the lane and built the shed whose only truck access ran over it. When Omar later blocked the lane, the court imposed a servitude by estoppel to protect the substantial reliance that Omar had foreseen.
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The owner or occupier must have permitted use or represented a burden on the land under circumstances making substantial detrimental reliance reasonably foreseeable. The user must have actually changed position in reasonable reliance. Injustice must be avoidable only by recognizing the servitude.
No. The assurance must induce foreseeable substantial reliance that actually occurs. Without that reliance and resulting injustice, an oral statement remains a revocable license even if it concerns land use.
Yes. Once the elements are met against the original owner or occupier, the servitude runs with the land and binds successors who take with notice of the facts giving rise to the estoppel.
Estoppel rests on foreseeable detrimental reliance induced by permission or representation. Necessity requires prior common ownership and severance that leaves landlocked property with no other access, regardless of any statements or reliance.