Estoppel by deed

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]

Examples

1. 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.

2. However, if, as above, O conveys property she doesn't own to A by warranty deed, 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 warranty deed), and sue O for damages. A cannot be forced to accept O's after-acquired title if she wishes instead to receive damages.^[4][5]

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