What is an estoppel?
Estoppel is a concept of property law in California used to prevent a person from denying a certain fact or situation. To put it simply, when someone makes a statement that they would later attempt to deny or withdraw, the estoppel principle applies. Estoppel comes from the Latin term “stupor” which means “to stand still” and can be used in civil or contract disputes. An estoppel in the context of property law means that the person who is being estopped (prevented from denying or withdrawing) from making a statement must be held to their word. This means that if a person says something that later on they do not agree with, the other party involved in the dispute is allowed to rely on that single statement made by the first party and treat it as the truth. An example of estoppel in California property law could involve selling a piece of property. Maybe a seller said the location of the property was not zoned, but it turns out that the property has been zoned. The buyer can use the estoppel principle to bind the seller to the initial statement they made and hold them liable. In California, estoppel is a powerful tool that both parties can use to make sure that any statements or agreements that are made are respected and binding. Estoppel should be taken seriously because, in property disputes, it can be used against someone in the court of law.
Related FAQs
What is a covenant?What happens if the mortgage is not paid?
What is a deed of exchange?
What is the Interpleader Statute?
What is title insurance?
What is a deed of distribution?
What is an accession?
What is a covenant of warranty?
What is the Uniform Fraudulent Transfer Act?
What is a deed of restrictive covenant?
Related Blog Posts
What You Need to Know About Property Law - July 31, 2023Property Law: What to Look Out For When Purchasing Real Estate - August 7, 2023
Understanding the Basics: A Guide to Property Law - August 14, 2023
Common Types of Property Law Cases - August 21, 2023
The Impact of Property Law on Real Estate Transactions - August 28, 2023