estoppel by deed


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estoppel by deed

A legal concept that comes into play when someone deeds real property to another,even though not having title at the time—usually due to a technical defect.When the sellers later gain legal title through clearing up the technical defect or otherwise,they cannot claim the property as their own because of estoppel by deed.

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An example of legal estoppel is an estoppel by deed, defined as:
If A were divested of title, at common law, it would pass to C by estoppel by deed (under the after-acquired-title doctrine (21)).
So, though a person who has given an ordinary receipt may show that he has never really received the money, a person who has given a receipt under seal cannot Two qualifications of the doctrine of estoppel by deed must be remembered: l.