A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial.
The rationale behind estoppel is to prevent injustice owing to inconsistency or FRAUD. There are two general types of estoppel: equitable and legal.
An estoppel certificate is a written declaration signed by a party who attests, for the benefit of another party, to the accuracy of certain facts described in the declaration. The estoppel certificate prevents the party who signs it from later challenging the validity of those facts. This type of document is perhaps most common in the context of mortgages, or home loans. If one bank seeks to purc…
Legal estoppel consists of estoppel by deed and estoppel by record. Under the doctrine of estoppel by deed, a party to a property deed is precluded from asserting, as against another party to the deed, any right or title in derogation of the deed, or from denying the truth of any material fact asserted in the deed. For example, suppose a father conveys a plot of land to his son by deed. Unbeknowns…
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