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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
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An example of legal estoppel is an estoppel by deed, defined as:
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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)).
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