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Estoppel by deed

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Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, and abandoned property
Bailment  · Licence
Estates in land
Allodial title  · Fee simple
Life estate  · Fee tail  · Future interest
Concurrent estate  · Leasehold estate
Condominiums
Conveyancing of interests in land
Bona fide purchaser  · Torrens title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit (real estate)>Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste (law)>Waste  · Partition
Riparian water rights
Lateral and subjacent support
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence
Estoppel by deed is a doctrine in the law of real property that arises where a party conveys title to land that he does not own to a bona fide purchaser, and then acquires title to that land. In such a circumstance, the party may be bound by the earlier conveyance, and title will then pass to the bona fide purchaser by operation of law.

Examples:

If Liza conveys property she doesn't own to Strelka by warranty deed, but Liza later acquires title to that land, then title immediately passes to Strelka .

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

--- Estoppel by deed can also apply to other areas of contract law. An estoppel by deed is some sort of 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.

Estoppel by deed is also a bar which precludes a party to a deed from asserting as against the other party any right or title in derogation of the instrument or from denying the truth of any material fact asserted in it. In Re Estate of Goldstein, 293 Ill.App.3d 700, 688 N.E.2d 684.

 


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