Also known as: estoppel by deed · estoppel-by-deed · deed estoppel
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which after-acquired title to real property passes automatically to the grantee when the grantor later obtains the interest the earlier deed purported to convey. The grantor is estopped from denying the validity of the prior conveyance once the interest is acquired. The doctrine protects grantees who rely on warranty deeds and prevents the grantor from retaining or conveying the title to third parties.
CodeForge held only a leasehold when it executed and delivered a warranty deed conveying fee simple title in an office building to Diaz. Two months later CodeForge purchased the building in fee and a judgment was immediately docketed against it. Because the after-acquired title passed automatically to Diaz under the doctrine, CodeForge held no attachable interest when the judgment lien arose, so the lien never encumbered the building.
Leo Trial's father executed a deed purporting to convey a mineral interest he did not yet own to the Dragon respondents. After the father died the petitioners inherited the same interest from their mother. The doctrine did not operate to pass the inherited interest to the respondents because the father never acquired the interest after the deed and the facts fell outside the doctrine's requirements.
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The doctrine applies most strongly to warranty deeds because they contain express covenants that the grantor has title to convey. Quitclaim deeds rarely trigger the doctrine because they make no representation about the quality of title conveyed.
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The lien cannot attach to the property. Once the grantor acquires title, estoppel by deed transfers it immediately to the grantee so the grantor never holds an attachable interest at the moment the lien would otherwise arise.
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Yes. Statutory tax liens attach only to property the debtor actually owns when the liens are recorded. Estoppel by deed divests the grantor of any beneficial interest the instant title is acquired, preventing attachment of the liens to the parcel.
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…the Federal statute, we need not decide issues raised by the parties regarding after-acquired property and the related issue of estoppel by deed. [^3]: On February 16, 1970, special instructions were given regarding survey. On June 14, 1972, mineral deposit reservations were made. On December 7, 1972, Lowery published his…