ESTOPPEL BY DEED Meaning and
Definition
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Estoppel by deed is a legal doctrine that operates to prevent a party from denying the truth of a statement or fact established by a deed or written instrument. It is a principle that applies in the context of real estate transactions or property transfers.
According to this doctrine, once a party has executed and delivered a deed or other formal instrument of conveyance that purports to transfer ownership of a property, they are estopped or barred from later claiming a contradictory or inconsistent interest in that property. In other words, a party cannot later deny the validity or effect of a deed they have previously executed.
Estoppel by deed is based on the idea that the grantor (the person transferring the property) is bound by the terms and representations made in the deed itself. This principle ensures that parties engaging in real estate transactions can rely on the representations contained in a deed and prevents the grantor from attempting to alter or contradict those representations in the future to the detriment of the grantee (the recipient of the property).
The doctrine of estoppel by deed requires that certain conditions be met, such as the deed being executed and delivered, and that a subsequent inconsistent position is taken by the grantor. It is important to note that estoppel by deed applies only to parties involved in the transaction and does not necessarily bind third parties who may acquire an interest in the property.
Common Misspellings for ESTOPPEL BY DEED
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