MBE Rules · Real Property
Estoppel by Deed
Estoppel by deed
The rule
A grantor who conveys land it does not own is estopped to deny the conveyance upon later acquiring title — after-acquired title passes automatically to the earlier grantee.
In plain English
Estoppel by deed prevents a grantor from denying the validity of a property transfer if they later acquire ownership of that property. When the grantor conveys land they do not own, any title they later obtain automatically goes to the original grantee.
Worked example
A sells a parcel of land to B, but A does not actually own the land at the time of the sale. Later, A acquires the title to the land. Under the doctrine of estoppel by deed, A cannot deny B's ownership, and B automatically receives the title to the land.
Memory hook
What you sell, you can't unsell — even if you didn't own it yet!
The trap
Exams may present scenarios where the timing of ownership acquisition is ambiguous, leading students to mistakenly think the grantor can deny the conveyance. Watch for details about when title is acquired.
How examiners test it
Questions often involve fact patterns where a grantor conveys property they do not own, followed by a later acquisition of title, testing the student's understanding of the automatic transfer of rights.
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