Also known as: after-acquired title clause · after acquired title clause · after-acquired title
Written by attorneys · grounded in primary & secondary sources — see below
An equitable doctrine under which a grantor's later-acquired title to land automatically passes to the grantee when the grantor has purported to convey an interest the grantor did not then own. The doctrine prevents the grantor from denying the validity of the earlier conveyance once title is obtained. It applies most commonly to warranty deeds and determines priority against later judgment or tax liens that attach only to interests the debtor actually holds.
Marcus contracted to buy a vacant lot but had not yet closed. He executed a warranty deed conveying the lot to Apex Building Supply and Apex recorded. After Marcus acquired title at closing, subcontractors docketed judgment liens against him and the county recorded a tax lien. Because the after-acquired title passed directly to Apex under the prior deed, the liens never attached to any interest Marcus retained, leaving Apex with clear title.
Doug held only an option to purchase rural land when he executed a warranty deed conveying the parcel to River Fiber, Inc. in exchange for equity. After judgment and tax liens were recorded against Doug personally, he exercised the option and received fee title. The after-acquired title vested immediately in River Fiber, so the liens could not attach to any beneficial interest Doug held.
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Yes. When the grantor later acquires title, the after-acquired title passes automatically to the grantee. The liens attach only to whatever interest the debtor actually holds at the time of docketing, and the instantaneous transfer leaves the debtor with no attachable interest.
Supporting sources
The doctrine applies most strongly to warranty deeds because they contain express covenants that the grantor is estopped from denying. Some jurisdictions extend it to other deeds, but the bar-exam materials emphasize warranty deeds as triggering the automatic passage of after-acquired title.
Supporting sources
The liens still cannot attach because the after-acquired title passes by operation of law the instant the grantor receives it. The unrecorded deed does not change the fact that the debtor never retains a beneficial interest to which statutory liens can fasten.
Supporting sources
…to the grantee by operation of statute. (§ 1106; Schwenn v. Kaye, supra, 155 Cal. App.3d at pp. 951-953.) "[T]he doctrine of after-acquired title applies even if the grantee had knowledge of the deficiency." ( Schwenn v. Kaye, supra, 155 Cal. App.3d at p. 953.) Because even after-acquired interests pass from the grantor to the…