Estoppel by deed

Estoppel by deed
Estoppel by deed is a doctrine where rules of evidence prevent a litigant from denying the truth of what was said or done. In the context of real property transfers, 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. In contract law this can refer to a representation in the recitals to an agreement. Once the agreement is made, one party may claim that the other party cannot enforce certain rights under the agreement due to representations made in the recitals.

Examples
If O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, then title immediately passes to A. If O conveys property she doesn't own to A by quitclaim deed, but O later acquires title to that land, then A owns nothing. This is because O passed her interest to A with a quitclaim deed. At the time of the conveyance, her interest was nothing, so she passed nothing.

Article Sources and Contributors

Article Sources and Contributors

Estoppel by deed Source: http://en.wikipedia.org/w/index.php?oldid=318383291 Contributors: BD2412, DivineAlpha, Edcolins, Lockley, Pasikahj, Petroff.13, Philip Baird Shearer, Ramorum, Rkh72, Robofish, Sardanaphalus, 11 anonymous edits

License
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