Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which a grantor who executes a deed purporting to convey an interest in land is estopped from denying the validity of that conveyance once the grantor later acquires title to the interest. The after-acquired title passes automatically to the grantee by operation of law. The doctrine applies most strongly when the deed contains a warranty of title.
Sources & Authorities
How it applies
Common Examples
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Deed Before Acquisition of Title
CodeForge held only a lease on an office building when it executed and delivered a warranty deed conveying fee simple title to Diaz for fair value. Diaz recorded the deed. CodeForge later purchased the building from the owner and received a deed. A judgment creditor then docketed a lien against CodeForge. Because CodeForge had already conveyed the fee by warranty deed, the after-acquired title passed directly to Diaz upon purchase. The judgment lien never attached to the building.
Mineral Interest Conveyance
The McDonalds executed a warranty deed conveying three-fourths of the mineral rights in land they did not yet fully own. After they later acquired full title to the minerals, their successors attempted to claim a larger share. The after-acquired mineral interest passed automatically to the original grantees. The McDonalds and their successors were estopped from asserting any greater interest in derogation of the earlier deed.
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Common Law
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Body v. McDonald334 P.2d 513, 518 (Wyo.1959)
Common questions
Frequently Asked
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Does estoppel by deed apply to a quitclaim deed?+
No. The doctrine requires a warranty deed that represents the grantor is conveying title of a specified quality. A quitclaim deed conveys only whatever interest the grantor holds at the time of execution and supplies no foundation for estoppel by deed.
Supporting sources
What happens when a judgment lien is docketed after the grantor conveys by warranty deed but before the grantor acquires title?+
The after-acquired title passes directly to the earlier grantee by operation of estoppel by deed at the instant the grantor obtains it. The debtor-grantor never holds an attachable interest, so the judgment lien cannot reach the property.
Supporting sources
How does estoppel by deed interact with recording acts when the first deed is recorded before the grantor obtains title?+
The deed may lie outside the chain of title of a later purchaser from the grantor. Many courts therefore hold that a subsequent bona fide purchaser prevails over the earlier grantee despite the operation of estoppel by deed.
559 P.2d 1038 (Alaska 1976)Property
…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…
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