Estoppel is a common law doctrine which, when it applies, prevents a litigant from denying the truth of what was said or done.[1] The doctrine of estoppel by deed (also known as after-acquired title) is a particular estoppel doctrine in the context of real property transfers. Under the doctrine, the grantor of a deed (generally the seller of a piece of real property) is estopped (barred) from denying the truth of the deed. The doctrine may only be invoked in a suit arising out of the deed, or involving a particular right arising out of the deed.[2]
While rooted in warranty deeds, estoppel by deed has been extended to affect quitclaim deeds if the deed represents that the grantor actually had title. [3]
^Wallace v. Pruitt, 1 Tex. Civ. App. 231, 234, 20 S.W. 728, 728 (1892): "That the maker of a deed may be estopped to deny the truth of recitals therein is a well-settled doctrine of the common law."
^W. E. Coldwell Co. v. Cowart, 138 Ga. 233, 75 S.E. 425, 427 (1912), citing 16 Cyc. 699: "A recital works an estoppel only in an action founded on a deed, or brought to enforce rights arising under it."
^William B. Stoebuck & Dale A. Whitman, The Law of Property §11.5(3d ed. 2000)
what was said or done. The doctrine of estoppelbydeed (also known as after-acquired title) is a particular estoppel doctrine in the context of real property...
signs the document in front of the notary. Bargain and sale deedEstoppelbydeed Warranty deed Collins English Dictionary (10th ed.). London: Collins. 2010...
A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it...
executor. A so-called quitclaim deed is (in most jurisdictions) actually not a deed at all—it is actually an estoppel disclaiming rights of the person...
Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts...
real property law, applicable to deeds of land and called estoppelbydeed, the Supreme Court extended legal estoppel to patents in Westinghouse Elec....
but somewhat broader than, the doctrine of legal estoppel, assignor estoppel, or estoppelbydeed in U.S. law. Under the doctrine of non-derogation from...
Decree Deductible expense DeedDeed in bargain and sale Deed in lieu of foreclosure Deed in trust Deed of gift Deed of trust Deed restriction Default Defeasance...
grantor of a security deed retains equitable title to the deeded property, means that the conveyance of title effected by said security deed is, in fact, not...
easement byestoppel. On the other hand, if Ray had offered access to the bridge and driveway after selling Joe the land, there may not be an easement by estoppel...
used by the parties in the deed of conveyance or other instrument of transfer of title, or by a testator in a will, or in an inter vivos trust deed. If...
four years after 1929. Housing financing in the U.S. was greatly affected by the Banking Act of 1933 and the National Housing Act in 1934 because it allowed...
may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a...
property is ambiguous – for example, where it has been conveyed by a quitclaim deed through which the previous owner disclaims all interest, but does...
title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions...
are imposed by a contract between the creditor and the debtor: Mortgage Chattel mortgage Nonconsensual liens typically arise by statute or by the operation...
established bydeed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will...
absence of a legal deed or title, if, after three years of occupancy, no protest or counter-claim had been made to the same property. Title by usucaption to...
will/rules of intestacy/declaration of trust/trust deed (UK) or will/rules of intestacy/'grant or deed of life interest' (or similar) (U.S.) in remainder...
bailment relationship is ordinarily created by contract, there are circumstances where lawful possession by the bailee creates a bailment relationship...
register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of...
determined by the language of the deed, lease, bill of sale, will, land grant, etc., through which the estate was acquired. Estates are distinguished by the...
application fails unless it would be unconscionable because of an equity byestoppel for the registered proprietor to seek to dispossess the squatter and...
could be re-created as a fee by enfeoffment to another of the king's followers. Where the deceased had been subinfeudated by a tenant-in-chief, the fee...
Global Information