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]

^ Wallace v. Pruitt, 1 Tex. Civ. App. 231, 234, 20 S.W. 728, 728 (1892): "That the maker of a deed may be estopped to deny the truth of recitals therein is a well-settled doctrine of the common law."
^ W. E. Coldwell Co. v. Cowart, 138 Ga. 233, 75 S.E. 425, 427 (1912), citing 16 Cyc. 699: "A recital works an estoppel only in an action founded on a deed, or brought to enforce rights arising under it."
^ William B. Stoebuck & Dale A. Whitman, The Law of Property §11.5(3d ed. 2000)

[1] Wallace v. Pruitt, 1 Tex. Civ. App. 231, 234, 20 S.W. 728, 728 (1892): "That the maker of a deed may be estopped to deny the truth of recitals therein is a well-settled doctrine of the common law."

[2] W. E. Coldwell Co. v. Cowart, 138 Ga. 233, 75 S.E. 425, 427 (1912), citing 16 Cyc. 699: "A recital works an estoppel only in an action founded on a deed, or brought to enforce rights arising under it."

[3] William B. Stoebuck & Dale A. Whitman, The Law of Property §11.5(3d ed. 2000)

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