Someone uploaded a file (just as an example of an uploaded file) which quotes Oregon statutes concerning this topic.
https://surveyorconnect.com/attachments/after-acquired-title-example-pdf.117/
It makes sense, but leaves me with two questions.
1) How universal among the states is this principle?
2) It mentions a quitclaim shall not operate as an estoppel. Can someone give a simple explanation of what is being disallowed by this statement?
1) How universal among the states is this principle?
I've never heard of it before.
2) It mentions a quitclaim shall not operate as an estoppel. Can someone give a simple explanation of what is being disallowed by this statement?
https://www.deeds.com/quit-claim-deed/oregon/
The link gives an expanded definition.
It's heavy with legalese, but I think it means that the original grantor of a quit claim deed who later reacquires title or interest in some way is not required to automatically pass title to the original grantee through the after acquired title doctrine.
Bill93, post: 323511, member: 87 wrote: ....a quitclaim shall not operate as an estoppel. Can someone give a simple explanation of what is being disallowed by this statement?
The "after acquired title" referred to here is that acquired by adverse possession or unwritten agreement. The act of buying property by quitclaim does not estop the buyer from pursuing an unwritten right in some attached property, tacking the sellers occupation, which is not described in the quitclaim.
FYI, you see very few QC deeds in Oregon. Bargain and Sale are far more common.
Try this document. Seems to explain it in detail.
http://nalta.memberlodge.org/Resources/Conference%202012/2012%20Speaker%20Presentations/The%20Doctrine%20of%20After%20Acquired%20Title%20-Fitzgerald.pdf