Estoppel by deed

Estoppel by deed

Estoppel by Deed - 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 only 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.

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Look at other dictionaries:

  • estoppel by deed — see estoppel 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. estoppel by deed …   Law dictionary

  • estoppel by deed — A bar which precludes one party to a deed and his privies from asserting as against the other party and his privies any right or title in derogation of the deed or from denying the truth of any material facts asserted in it. 28 Am J2d Estop §§ 4 …   Ballentine's law dictionary

  • estoppel by deed — noun a) A legal doctrine under which a first party who purports to sell real property that the first party does not actually own to a second party must actually convey that property to the second party if the first party later acquires title to… …   Wiktionary

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

  • Estoppel (English law) — Estoppel is a legal doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (eg. words said or actions performed) which is different from an earlier set of facts. Estoppel could …   Wikipedia

  • estoppel — es·top·pel /e stä pəl/ n [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop] 1: a bar to the use of contradictory words or acts in asserting a claim or right against another; esp: equitable estoppel in this… …   Law dictionary

  • Estoppel — (RP: [ɪˈstɒpəl], GenAm: [ɛˈstɑːpəl]; von engl. to estop, „unterbinden, verhindern“) ist ein Grundsatz im Verfahrens und materiellen Recht des Common Law, der die Durchsetzbarkeit eines zustehenden Anspruchs aufgrund von Handlungen des… …   Deutsch Wikipedia

  • deed — 1 n 1: something done: act (1) my free act and deed 2: a written instrument by which a person transfers ownership of real property to another see also deliver …   Law dictionary

  • deed — A conveyance of realty; a writing signed by grantor, whereby title to realty is transferred from one to another. National Fire Ins. Co. v. Patterson, 170 Okl. 593, 41 P.2d 645, 647. A written instrument, signed, and delivered, by which one person …   Black's law dictionary

  • deed — A conveyance of realty; a writing signed by grantor, whereby title to realty is transferred from one to another. National Fire Ins. Co. v. Patterson, 170 Okl. 593, 41 P.2d 645, 647. A written instrument, signed, and delivered, by which one person …   Black's law dictionary

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