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Property law
Part of the common law series
Acquisition
Gift · Adverse possession · Deed Conquest · Discovery · Accession Lost, mislaid, and abandoned property Treasure trove  · Bailment · License Alienation
Estates in land
Allodial title · Fee simple · Fee tail Life estate · Defeasible estate Future interest · Concurrent estate Leasehold estate · Condominiums
Conveyancing
Bona fide purchaser Torrens title · Strata title Estoppel by deed · Quitclaim deed Mortgage · Equitable conversion Action to quiet title · Escheat
Future use control
Restraint on alienation Rule against perpetuities Rule in Shelley's Case Doctrine of worthier title
Nonpossessory interest
Easement · Profit Covenant running with the land Equitable servitude
Related topics
Fixtures · Waste · Partition Riparian water rights Lateral and subjacent support Assignment · Nemo dat Property and conflict of laws
Other common law areas
Contract law · Tort law Wills, trusts and estates Criminal law · Evidence
v • d • e

Estoppel by deed is a doctrine where rules of evidence prevent a litigant from denying the truth of what was said or done.

In the context of real property transfers, 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.

In contract law this can refer to a 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.

[edit] Examples

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.

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, her interest was nothing, so she passed nothing.