Estoppel Relating to Real Estate

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  1. Where an estoppel relates to the title to real estate, the party claiming to have been influenced by the other party's acts or declarations shall not only have been ignorant of the true title, but also ignorant of any convenient means of acquiring such knowledge.
  2. Where both parties have equal knowledge or equal means of obtaining the truth, there shall be no estoppel.

(Code 1981, §24-14-27, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

RESEARCH REFERENCES

ALR.

- Estoppel to assert title to real property by conduct subsequent to contract between third persons, 1 A.L.R. 1482.

Estoppel of one not a party to a transaction involving real property by failure to disclose his interest in the property, 50 A.L.R. 668.

Failure to record or delay in recording an instrument affecting real property as basis of estoppel in favor of creditors not directly within protection of recording Acts, 52 A.L.R. 183.

Nature of conveyance or covenants which will create estoppel to assert after-acquired title or interest in real property, 58 A.L.R. 345; 144 A.L.R. 554.

Estoppel of one riparian owner to complain of diversion of water by another riparian owner, 74 A.L.R. 1129.

Estoppel by apparent acquiescence in or silence concerning improvements of real property to assert antagonistic title or interest, 76 A.L.R. 304.

Estoppel of wife who permits record title to realty to remain in husband's name to assert her own title as against one extending credit to husband, 76 A.L.R. 1501.

Permitting record title to real property to stand in another's name as estopping owner to avail himself of statute or rule requiring authority to contract regarding real estate to be in writing, 78 A.L.R. 588.

Right of a purchaser assuming a mortgage debt, with the authorization of the mortgagor, to set up usury in mortgage as a defense or rely upon it as a ground of relief in equity, 82 A.L.R. 1153.

Rule of estoppel of tenant to deny landlord's title as applicable where landlord affirmatively asserts a title or interest beyond that essential to his right to create the tenancy, 89 A.L.R. 1295.

Estoppel to question validity of proceedings extending boundaries of municipality, 101 A.L.R. 581.

Effect of silence of surety or endorser after knowledge or notice of facts relied upon as releasing him, 101 A.L.R. 1310.

Promissory estoppel, 115 A.L.R. 152; 48 A.L.R.2d 1069.

Estoppel of owner of tangible personal property who knowingly or voluntarily permits another to have possession of certificates or other evidences of title, endorsed in blank or otherwise showing ownership in possessor, to deny latter's authority to sell, mortgage, pledge, or otherwise deal with, the property, 151 A.L.R. 690.

Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294.

Renunciation of beneficial interest under inter vivos trust as condition of right to contest this validity, 21 A.L.R.2d 1457.

Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.

Estoppel of oil and gas lessee to deny lessor's title, 87 A.L.R.2d 602.

Promissory estoppel as basis for avoidance of statute of frauds, 56 A.L.R.3d 1037.


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