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Topic: Estoppel by deed

	Estoppel - Wikipedia, the free encyclopedia
		Estoppel in English law is defined as: "a principle of justice and of equity.
		Estoppel by representation of fact and promissory estoppel are mutually exclusive: the former is based on a representation of existing fact (or of mixed fact and law), while the latter is based on a promise not to enforce some pre-existing right (i.e.
		Estoppel by deed is a rule of evidence arising from the status of a contract signed under seal — such agreements, called deeds, are more strictly enforced than ordinary contracts and the parties are expected to take greater care to verify the contents before signing them.
	en.wikipedia.org /wiki/Estoppel (3964 words)

	ESTOPPEL - LoveToKnow Article on ESTOPPEL (Site not responding. Last check: 2007-10-08)
		(3) Estoppel by conduct, or, as it is still sometimes called, estoppel by matter in pais, is the most important head.
		The rule practically comes to this that, when a person in his dealings with others has acted so as to induce them to believe a thing to be true and to act on such belief, he may not in any proceeding between himself and them deny the thing to be true: e.g.
		Estoppel of whatever kind is subject to one general rule, that it cannot override the law of the land; for example, a corporation would not be estopped as to acts which are ultra vires.
	www.87.1911encyclopedia.org /E/ES/ESTOPPEL.htm (456 words)

	Estoppel by deed - Wikipedia, the free encyclopedia
		Estoppel by deed is a doctrine in the law of real property that arises where a party conveys title to land that he does not own to a bona fide purchaser, and then acquires title to that land.
		In such a circumstance, the party may be bound by the earlier conveyance, and title will then pass to the bona fide purchaser by operation of law.
		An estoppel by deed is some sort of representation in the recitals to an agreement.
	en.wikipedia.org /wiki/Estoppel_by_deed (258 words)

	estoppel; definition (Site not responding. Last check: 2007-10-08)
		Estoppel may even prevent a person from stating that something is true and, therefore, should be now acted on with a legal consequence, if that statement is inconsistent with a previously accepted statement.
		Estoppel by deed may arise when a seller does not have title at the time he purports to convey a property, but if he subsequently acquires title to that property, he would be estopped from then denying that title and transferring it as originally represented.
		Estoppel may be distinguished from ratification as the former induces a prejudicial action by another and is an equitable right, whereas ratification occurs after the event and is a matter of law.
	www.deltaalpha.com /terms/estoppel.html (889 words)

	IP4 (Site not responding. Last check: 2007-10-08)
		Scott Paper was a lessthanenthusiastic acknowledgment of assignor estoppel, but the Court was careful to distinguish its decision from previous applications of the doctrine: "To whatever extent that doctrine may be deemed to have survived the Formica decision or to be restricted by it, we think that case is not controlling here." Id. at 254.
		Appellants argue that assignor estoppel is necessarily a variation of estoppel by conduct and should be governed by the traditional elements of equitable estoppel.
		The past rejection of assignor estoppel appears to be based on respect for Lear and a reluctance to depart from the basic policy as to licensee estoppel expressed therein.
	www.scu.edu /law/FacWebPage/Glancy/html/ip4.html (3785 words)

	Estoppel - Definition of Estoppel by Webster's Online Dictionary (Site not responding. Last check: 2007-10-08)
		An estoppel is a preclusion, in law, which prevents a man from alleging or denying a fact, in consequence o his own previous act, allegation or denial of a contrary tenor.
		As an instance of an estoppel by deed, may be mentioned the case of a bond reciting a certain fact.
		Every estoppel ought to be reciprocal, that is, to bind both parties: and this is the reason that regularly a stranger shall neither take advantage or be bound by an estoppel.
	www.webster-dictionary.org /definition/estoppel (528 words)

	[No title]
		Estoppel is a bar or impediment which precludes allegation or denial of a certain fact or state of facts, in consequence of previous allegation or denial or conduct or admission, or in consequence of a final adjudication of the matter in a court of law.
		An "estoppel by acts and declarations" is such as arises from the acts and declarations of a person by which he designedly induces another to alter his position injuriously to himself.
		A grantor in a warranty deed who does not have title at the time of the conveyance but who subsequently acquires title is estopped from denying that he had title at the time of the transfer and such after-acquired title inures to the benefit of the grantee or his successors.
	tldb.uni-koeln.de /php/pub_show_document.php?pubdocid=100700&pubwithtoc=ja&pubwithmeta=ja&pubmarkid=907000 (2121 words)

	Johnson v. TPE Hotels
		In the deed, John expressly reserved, as to tract 3 (as well as tract 2) the right to use tracts 3 and 2, for purposes of ingress and egress to and from his adjacent lands (tracts 2 and 4).
		Mary Grace argues that because the perpetual easement was created by an express reservation in a recorded deed in the chain of title of TPE Hotels, Inc., owner of the alleged servient tenement, it was on notice of the easement and took subject to it.
		In Dade County, a subsequent purchaser of land was held to have taken his deed subject to an express reservation of an easement in a recorded deed by a prior grantor.
	www.floridageomatics.com /flalaw/cases/johnson-tpehotels.htm (2767 words)

	OSCN Found Document:Campbell v. Butler
		The doctrine of estoppel by deed requires that a divested grantee under a warranty deed shall become revested with his interest eo instanti upon the grantor's re-entry into the chain of title.
		The deed states it is intended to convey all the surface and one-half the minerals.
		Invoking the doctrine of estoppel by deed, requiring the grantor to fulfill his warranty by transfer upon re-entry to the chain of title, is not demonstrably inequitable.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=10389 (2589 words)

	PROMISES BINDING IN THE ABSENCE OF CONSIDERATION
		Estoppel is, strictly speaking, nothing to do with contract, that is, it is not part of contract law in the traditional sense.
		Estoppel has therefore had an important impact on contract, but, it should be kept in mind that estoppel is a general doctrine which operates in all sorts of other areas as well.
		Estoppel can operate to prevent (estop) the owner from asserting his or her title to the land on which the barn stands.
	law.anu.edu.au /colin/Lectures/promises.htm (6163 words)

	SCRUTINY OF "FAVORITE" DOCTRINES: ESTOPPEL BY DEED AND SIMULTANEOUS RECORDING (Site not responding. Last check: 2007-10-08)
		Recordation of deeds and mortgages imparts constructive notice to all purchasers and creditors, and it is upon these statutes which lenders rely when a deed of trust is recorded after an examination of the public records which reveals that no prior lien or conflicting interests exist.
		Hence, if a deed purports to pass title to land, its recordation prior to the date of acquisition of the title in the grantor provides no notice to purchasers for value and lien creditors of the grantor because only grants out of the grantor subsequent to his acquisition of title are typically searched.
		Accordingly, when two deeds of trust which are secured by the same property are recorded in the same minute, a situation is created where neither of the two deeds of trust is a first lien, assuming the absence of other evidence to indicate priority.
	www.lawsight.com /xsponsor/it/itrob2.htm (973 words)

	Internal Improvement Trust Fund v. Lobean
		The first question challenges the judgment of the First District Court of Appeal, holding that legal estoppel or estoppel by deed operated against petitioners, the petitioners contending that estoppel against the state or the sovereign must be sustained on the basis of exceptional and special circumstances which constitute the elements of equitable estoppel.
		Legal estoppel or estoppel by deed is defined as a bar which precludes a party to a deed and his privies from asserting as against others and their privies any right or title in derogation of the deed, or from denying the truth of any material fact asserted therein.
		Legal estoppel or estoppel by deed is determined by the intention of the parties as expressed in the deed, whether or not legal estoppel may be applied in a given case is dependent entirely on the language used in the deed or which appears on the face of the instrument.
	www.floridageomatics.com /flalaw/cases/tiif-lobean.htm (2144 words)

	North Star Terminal and Stevedore v. Alaska Railroad Corp. (7/30/93), 857 P 2d 335
		The doctrine of estoppel by deed generally applies when one later becomes the owner of property he or she previously purported to convey.
		Estoppel by deed is inapplicable because North Star's predecessor in interest received a quitclaim deed.
		8 The appellees also argue that estoppel by deed does not apply to the present case because the Alaska Railroad was not a privy or party to the earlier conveyance; because the Federal District Court in City of Anchorage voided the conveyance; and because estoppel by deed does not apply against the government.
	touchngo.com /sp/html/sp-3986.htm (2754 words)

	[No title]
		Keswick Homes asserted in the alternative that the doctrine of estoppel by deed barred Barris from denying the effectiveness of the July 25, 1984 instrument as a release of the restrictive covenant because each of the Barris' predecessors in title had executed that instrument.
		DISCUSSION The chancellor's judgment was based solely upon his interpretation of the restrictive covenant in the 1948 deed of dedication of the Prospect Hill subdivision and the July 25, 1984 instrument purporting to release Lot 7 from that covenant.
		In general, the doctrine of estoppel by deed provides that equity will not permit a grantor, or one in privity with him, to assert anything in derogation of an instrument concerning an interest in real or personal property as against the grantee or his successors.
	www.courts.state.va.us /opinions/opnscvtx/1031915.txt (1652 words)

	OSCN Found Document:HANLON v. McLAIN
		ESTOPPEL - Action to quiet title - After-acquired title inuring to benefit of grantee, under equitable doctrine of estoppel by deed.
		We shall therefore assume that it was in a form sufficient to meet the requirements of the statute with reference to warranty deeds, 16 O.S. ¶5 In the foreclosure proceedings the grantees filed a disclaimer, hereinafter discussed.
		McCrory (1925) 108 Okla. 40, 233 P. ¶15 Conceding that the after-acquired statute was interpreted in favor of the grantee or mortgagee, the grantors say that in all these cases the grantor had an imperfect title or less than a full title and the statute was applicable in such cases.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=20601 (2980 words)

	DD 4/2 "Merger by Deed" Retains Its Bite
		Plaintiffs sought to reform a deed to a property that they sold to defendants to add language reserving an easement, arguing that the easement mistakenly was omitted from the deed.
		The evidence showing that there was mutual mistake must be related to the time when the deed was executed and must show that at the time of the execution of the deed the parties had an identical intention to be bound by certain conditions but that by mistake the deed states something else.
		Where the deed is at odds with the contract, and there is little or no evidence that the parties know that, it seems absurd to contend that they should be bound by the final instruments.
	www.umkc.edu /dirt/dds/dd97/dd040297.htm (614 words)

	Kevin's English law glossary: estoppel
		Under the traditional system of equity, the word `estoppel' was used to describe a number of situations in which a person could be stopped (`estopped') from doing certain things.
		The term is not a precise one and, these days, is mostly used to describe what used to be called `estoppel by deed' (where `deed' has the sense of `action', not a legal undertaking).
		There are three main types of estoppel current in English law: promissory estoppel, proprietary estoppel, and estoppel by representation.
	www.kevinboone.com /lawglos_estoppel.html (130 words)

	TSUI HOI PAN v. WONG CHUN LING AND OTHERS
		He put his hand to the deed of assignment and then he sought to assert his interest on resulting trust which is, of course, inconsistent with the deed he executed.
		Irrespective of estoppel by deed, all four Defendants contend that the Plaintiff must in any event fail because the alleged oral agreement between the Plaintiff and the First Defendant was unenforceable as contrary to public policy.
		The assignment of the properties by deed from the Plaintiff to the First Defendant is a solemn act and a representation to the world at large including the mortgagee bank that the Plaintiff conveys all, legal and equitable, interests in the properties to the First Defendant.
	www.ucc.ie /law/restitution/archive/hkcases/dowloads/tsui_hoi_pan.htm (6820 words)

	Articles - Deed (Site not responding. Last check: 2007-10-08)
		Conditions attached to the acceptance of a deed are known as covenants.
		This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale.
		A so-called quitclaim deed is (in most states) actually not a deed at all--it is actually an estoppel disclaiming rights of the person signing it to property.
	www.mafox.com /articles/Deed (581 words)

	Divorce Glossary (Site not responding. Last check: 2007-10-08)
		estoppel is one of those complicated legal concepts designed to prevent an injustice being done by the strict application of law.
		If someone states that something is so and, in reliance upon that statement, another person acts in a particular way, possibly to their detriment, then the person who made the statement is prevented, or estopped, from denying the correctness of the statement which they originally made.
		The word comes from the Latin for "toothlike" and refer to the fact that originally it was a document which came in two parts and the toothed serrations or tear could be matched up to prove it was the same document.
	www.online-divorce-forms.com /divorce-terms.asp (13733 words)

	EASEMENTS/ACCESS/ESTOPPEL BY DEED/TITLE UNDERWRITING/COMMERCIAL PROPERTIES
		Since the obvious purpose of the easement deed was to create an easement appurtenant (i.e., incidental to ownership of the benefitted property), but the grantee did not own the benefitted property at the time the easement was given, the conveyance failed at its inception.
		Likewise, said Barnes and Noble, the easement deed should not be recognized as creating an easement in gross--because its obvious (albeit failed) purpose was to create an easement appurtenant, and not a personal right in favor of former owner Scales.
		The Court continued to say that recitals in the chain of title could not cure the fatal defect in creation of the easement, and the doctrine of estoppel by deed "cannot be used to transfer title or to cure flaws in the legal requirements for the creation of a property interest."
	www.firstam.com /landsakes/html/email/010400easement.html (888 words)

	RPPT DIRT Development for the week of July 26, 1999 (Site not responding. Last check: 2007-10-08)
		EASEMENTS; TERMINATION; ESTOPPEL BY DEED: Perpetual easement created by reservation in recorded deed is extinguished when owner of servient tenement and owner of dominant tenement both join in execution, dedication and acknowledgment of plat that does not reflect easement, regardless of their intent that this action have no impact on the perpetual easement.
		The court, rather, found that there was an "estoppel by deed" resulting from the replatting by the corporation and Johnston in 1966 with a plat that contained by easement.
		In that case, there would be no estoppel by deed, and the interest would continue to bind the subdivision lots, though not shown on the plat.
	www.abanet.org /rppt/links-list-serves/dirt/dirt7-26-99.html (1450 words)

	National Law Review - Estoppel by Conduct: Unresolved Issues at Common Law and in Equity
		It examines the nature of common law estoppel, and asks whether the principles of estoppel by deed, estoppel by convention and estoppel by representation are converging, to form a unified common law principle of estoppel by conduct.
		Closely connected with this is the question whether equitable estoppel can operate in relation to an assumption as to future conduct, which does not relate to an existing or proposed legal relationship between the parties.
		Finally, the article considers the unification of common law and equitable estoppel, and begins to explore some of the practical problems raised by the question of unification.
	pandora.nla.gov.au /pan/10130/20011004/web.nlr.com.au/nlr/HTML/articles/robertson/robertsonsum.htm (225 words)

	estoppel - legal definition (Site not responding. Last check: 2007-10-08)
		A type of estoppel that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position.
		A type of estoppel that prevents a person from denying the truth of anything that he or she stated in a deed, especially regarding who has valid ownership of the property.
		A type of estoppel that prevents a person from asserting something when she had both the duty and the opportunity to speak up earlier, and her silence put another person at a disadvantage.
	www.nolo.com /definition.cfm/term/7F1E56D5-7EC1-4CEB-86B3943F6990FF77 (565 words)

	Footnotes - Estoppel by Conduct: Unresolved Issues at Common Law and in Equity
		This is particularly clear in cases of estoppel by deed.
		If, on the other hand, it were characterised as an assumption as to rights, then equitable estoppel should be applied, the effect of which would be limited to preventing or reversing the detriment suffered by the representee as a result of his or her reliance.
		The circumstances in which common law estoppel can be utilised by a representee are limited to those situations in which it can be used as a defence to an action brought by the representor or those in which it happens to provide the factual foundation of a cause of action against the representor.
	pandora.nla.gov.au /parchive/2001/Z2001-Mar-13/web.nlr.com.au/nlr/HTML/Articles/robertson/robertsonft.htm (3907 words)

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