What is the doctrine of equitable estoppel?

The doctrine of equitable estoppel is an important concept in Virginia water law and allows an individual to prevent another from asserting certain rights when they have been misled. This concept serves to protect the interests of those who have been taken advantage of, or who have relied on the information they have been provided. Essentially, one party will be “estopped” or barred from taking any action or asserting any rights if they have done or said anything that would reasonably lead another party to believe that specific rights or actions were not available. This includes situations where one party has been induced to make a decision or take some action based on the assertion of another party that precludes them from acting in a certain way. For example, if one party has been led to believe that they have water rights to a certain area and they have relied on that understanding, their reliance can be used to prevent the other party of the dispute from asserting any control over the area or wrongfully claiming the rights for themselves. The doctrine of equitable estoppel is an important part of water law in Virginia and serves to protect the rights of those who have relied on the understanding that they may have certain rights to water or certain parts of land. It is designed to ensure that those taken advantage of can stand up for their rights and have them respected and enforced.

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