Deeds and title disputes

Question 1

Estoppel by deed

Answer 1

Under the estoppel by deed doctrine, a grantor is estopped from attempting to repossess land that she conveyed without owning.

Question 2

Special warranty deeds

Answer 2

Special warranty deeds only warrant against defects caused by the grantor.

They contain the six covenants of a general warranty deed—but only as to acts or omissions of the grantor with respect to health of the title.

Question 3

Quitclaim deed

Answer 3

Quitclaim deeds make no warranties with respect to the health of the title.

They are often used in tax sales and intra-family sales—e.g., divorces.

Question 4

Wild deed

Answer 4

A wild deed is a deed not within chain of title because of the failure of the grantor—which received the deed from another grantor—to record its deed.

Recording of a wild deed does not entitle it to the protections of a recording act.

Question 5

Fraudulent deed

Answer 5

A fraudulent deed is ineffective to convey title, even if a bona fide purchaser relies on it.

Question 6

Title insurance

Answer 6

An owner’s policy of title insurance continues to protect the owner if the owner is ever successfully sued on a title covenant in a future conveyance.

Question 7

After-acquired property doctrine

Answer 7

Under the after-acquired property doctrine, if a person purports to transfer property that she does not own, the subsequent acquisition of the property by the transferor automatically operates to transfer ownership of the property to the transferee.

Question 8

Quitclaim deed: conveyance of unowned property

Answer 8

Neither the estoppel by deed nor the after-acquired property doctrines apply if the conveyor transferred property by quitclaim deed.