Estoppel is a

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

doctrine which, when it applies, prevents a litigant from denying the truth of what was said or done. 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. 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.

Examples

1. If O conveys property she doesn't own to A by

warranty deed 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 to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarant ...

, but O later acquires title to that land, then title immediately passes to A. 2. However, if, as above, O conveys property she doesn't own to A by

, but O later acquires title to that land, A ''may'' elect to treat O'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 general

), and sue O for damages. A cannot be forced to accept O's after-acquired title if she wishes instead to receive damages.''Reece v. Smith'', 276 Ga. 404, 406, 577 S.E.2d 583, 586 (2003), citing ''Yaali, Ltd. v. Barnes & Noble, Inc.'', 269 Ga. 695, 697(2), 506 S.E.2d 116 (1998): " grantor who conveys by warranty deed an interest that he does not then own, but later acquires, will be estopped to deny the validity of the first deed. It is generally understood, however, that this doctrine cannot be used to transfer title or to cure flaws in the legal requirements for the creation of a property interest." 3. If O conveys property she doesn't own to A by

quitclaim deed Generally, a quitclaim is a formal renunciation of a legal claim against some other person, or of a right to land. A person who quitclaims renounces or relinquishes a claim to some legal right, or transfers a legal interest in land. Originally a c ...

, 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, O's interest was nothing, so she passed nothing.

References

{{reflist Property law Contract law Deed