| Property law |
|---|
 |
| Part of thecommon law series |
| Types |
| Acquisition |
| Estates in land |
| Conveyancing |
| Future use control |
| Nonpossessory interest |
| Related topics |
| Othercommon law areas |
Higher category:Law andCommon law |
Estoppel is acommon law doctrine which, when it applies, prevents a litigant from denying the truth of what was said or done.[1] The doctrine ofestoppel by deed (also known asafter-acquired title) is a particular estoppel doctrine in the context ofreal 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]
1.IfO conveys property she doesn't own toA bywarranty deed, butO later acquires title to that land, then title immediately passes toA.
2.However, if, as above,O conveys property she doesn't own toA bywarranty deed, butO later acquires title to that land,Amay elect to treatO's lack of title at the time of the conveyance as a breach of the covenants of seisin and right to convey (two of the six traditional forms of Covenants for Title that are contained in a generalwarranty deed), and sueO for damages.A cannot be forced to acceptO's after-acquired title if she wishes instead to receive damages.[4][5]
3.IfO conveys property she doesn't own toA byquitclaim deed, butO later acquires title to that land, thenA owns nothing. This is becauseO passed her interest toA with a quitclaim deed; at the time of the conveyance,O's interest was nothing, so she passed nothing.