Under estoppel by deed, which sequence illustrates how a grantee can obtain title even if the grantor later acquires title?

• A. Grantor records first.
• B. Grantee records the deed; grantor later obtains title and records.
• C. Grantee records but grantor never obtains title.
• D. Grantor grants when lacking title; grantee records; grantor later obtains title and records.

Answer: (D)

Estoppel by deed comes into play when a grantor transfers land he does not own at the time of the transfer. The deed can bind the grantor to pass whatever title he later acquires to the grantee, to the extent described in the deed. In this scenario, the sequence that makes this work is when the grantor conveys while lacking title, the grantee records, and only afterward does the grantor obtain title and record. Once the grantor later acquires title and records, the grantee gains the benefit of that after‑acquired title through the estoppel by deed, effectively giving the grantee title to the land described in the deed.

If the grantor records first, or if the grantor never acquires title, there is no estoppel to pass the after‑acquired title to the grantee. The chosen sequence explicitly requires the grantor to convey without title and then later obtain it, which is why it is the correct illustration.