Define: Estoppel By Deed

Estoppel by deed is a legal principle that prevents a party from denying the truth of a statement made in a deed or other written instrument that they have executed.

When a party conveys property through a deed and includes a statement about the property’s ownership or title, they are estopped from later claiming a different ownership or title.

The purpose of estoppel by deed is to ensure that parties are bound by the statements they make in written instruments, particularly in the context of property transfers.

Estoppel by deed is primarily applicable to deeds, but it can also apply to other written instruments that convey or transfer property rights, such as contracts or leases.

To establish estoppel by deed, there must be a written instrument, a statement of fact in the instrument, the statement must be false or misleading, and the party making the statement must have intended for others to rely on it.

Yes, estoppel by deed can be used to resolve disputes over property ownership by preventing a party from denying the truth of a statement made in a deed regarding their ownership interest.

Yes, estoppel by deed can be used as a defence in a lawsuit when a party is attempting to deny the truth of a statement made in a deed that they have executed.

Estoppel by deed can be waived if the party who made the statement in the deed subsequently makes a clear and unequivocal statement contradicting the earlier statement. It can also be overcome if there is evidence of fraud, mistake, or duress in the execution of the deed.

If estoppel by deed is successfully established, the party who made the statement in the deed will be bound by that statement and cannot later claim a different ownership or title to the property.

Estoppel by deed is a recognized legal principle in most jurisdictions, but the specific requirements and application may vary. It is important to consult with a local attorney to understand how estoppel by deed is applied in your jurisdiction.