Also known as:Nemo contra factum suum venire potest · Nemo contra factum suum proprium venire potest · nemo contra factum suum · estoppel by deed · estoppel by conduct
Written by attorneys · grounded in primary & secondary sources — see below
in property law
A common-law principle that estops a grantor who has conveyed land by warranty deed from later denying the grantee's title once the grantor acquires the interest purportedly conveyed. The after-acquired title passes automatically to the grantee.
Sources & Authorities
How it applies
Common Examples
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After-Acquired Title Passes to Grantee
Noah Nakamura signed a contract to buy a vacant lot. Before closing he executed and delivered a warranty deed purporting to convey the lot to Northstar Logistics in payment for materials. Northstar recorded the deed. Months later Noah closed and obtained legal title. Subcontractors then docketed judgment liens against Noah and the county recorded a tax lien. Northstar sues to quiet title. The after-acquired title passed automatically to Northstar upon Noah's acquisition, so the later liens never attached to any interest Noah retained.
Warranty Deed Triggers Estoppel
Naveen Nanda held only an option to purchase a rural parcel. To raise capital he formed Nordic Ventures and executed a warranty deed conveying the parcel to the company in exchange for equity. Before Naveen exercised the option, a judgment creditor docketed a lien against him and the IRS recorded a tax lien. Naveen later closed and received fee title. The after-acquired title passed directly to Nordic Ventures, leaving no attachable interest for the liens.
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Common Law
Restatements
Dictionaries
Common questions
Frequently Asked
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Does estoppel by deed apply to quitclaim deeds?+
The doctrine applies most strongly to warranty deeds because they contain express covenants. Quitclaim deeds rarely trigger the estoppel because they make no representation about the quality of title conveyed.
Supporting sources
When do judgment liens attach relative to after-acquired title?+
Judgment liens attach only to whatever interest the debtor holds at the time of docketing. Once estoppel by deed operates, the grantor retains no beneficial interest for the liens to reach.
Supporting sources
What happens if the grantee fails to record before liens are docketed?+
Recording protects against subsequent purchasers but does not alter the automatic operation of estoppel by deed against the grantor's later creditors. The liens still cannot attach to an interest the grantor no longer holds.
Supporting sources
Does the doctrine protect only the original grantee?+
The estoppel protects the grantee who relied on the warranty. It prevents the grantor from asserting title against that grantee once the grantor acquires the promised interest.
Supporting sources
499 F. Supp. 53 (W.D. Pa. 1980)Contracts
…decision), the Court recognized the doctrine of estoppel by contract. This form of estoppel is in many ways similar to estoppel by deed, 31 C.J.S. Estoppel § 55. Both estoppel by contract and estoppel by deed are technical estoppels in which at least one party having made a statement in writing is prevented from taking a…