Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Attorney
    • John F. Hayes, Attorney
    • David Howard, Attorney
    • Ariana Baldasaro McQuarrie
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
Home » Blog » The Estoppel by Deed Doctrine

The Estoppel by Deed Doctrine

The estoppel by deed doctrine basically prevents real estate sellers from denying the existence, as well as the usage, of private easements referred to in deeds. All deeds used for transferring real estate properties include legal descriptions. This ensures everyone involved in the transfer is aware of the boundaries of properties and other pertinent information. 

 

Some deeds have a legal description that states there is a private right of way on the property. When the grantor owns that private right of way, there is usually an implied easement conveyed, so the new owner can utilize that right of way. The grantor cannot deny the existence of that right of way in the future, according to the estoppel by deed doctrine. 

 

The estoppel by deed doctrine has been upheld by the courts multiple times now. The most recent cases have included Loeffler v. Bernier and 700 Lake Ave. Realty v. Dolleman. Therefore, grantors cannot try to erase these implied easements when future owners are living on the property or even remove the easement of current owners who have been using the easement for many years. 

 

Unintended Consequences of the Estoppel by Deed Doctrine

There are a few unintended consequences of the estoppel by deed doctrine though. The biggest unintended consequence is that the owners of the implied easements can utilize those easements at any time. This even includes the following circumstances:

 

  • The deed doesn’t explicitly give anyone and everyone the right to use the easement
  • The original grantor currently owns the easement
  • The grantor didn’t intentionally approve the easement
  • The person using the easement didn’t reasonably expect they would receive the easement
  • The easement is no longer necessary to access the property 

 

All developers, and property owners considering creating implied easements, should be aware of any potential consequences with implied easements being referenced on a deed. The implied easement rights can easily be transferred with the estoppel by deed doctrine, even in unusual circumstances. One of the unusual circumstances I can think of is when a grantee has permission to drive across a property but now has access to a public highway. The grantee can now utilize the highway, but according to the doctrine, still has the right to drive across the property thanks to the implied easement. 

 

It is always best to make sure the language used on the deed is clear, so that easements are created for specific circumstances. This will help avoid issues, since the easements will not be implied. 

 

Do you have any questions about implied easements or the estoppel by deed doctrine? I can try to answer any questions you have, so contact me today. 

 

Filed Under: General, Legislation, Real Estate Law

The above information is for informational purposes only and does not constitute legal advice.

Locations

Bedford

Concord

Keene

Portsmouth

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA

NH Real Estate Law Articles

  • Airbnb
  • Common Neighborly Legal Issues
  • Court Updates
  • Dealing with Neighbors
  • Easements
  • Estate Planning
  • General
  • Historic Designation
  • Legal Documents
  • Legal Terms
  • Legislation
    • Business Law
  • Living Trust
  • New Hampshire Property Tax Alerts
  • Private Road Maintenance
  • Private Roads
  • Property
  • Property Investments
  • Property Rights
  • Property Tax
  • Property Tax Law
  • Quieting Title
  • Real Estate Law
  • Revocable Trust
  • Road Law
  • Tax Abatement
  • Taxes
  • Zoning Boards of Adjustments

Recent Articles

Appeal of Town of Amherst

Housing Appeals Board Decision Affirmed by New Hampshire … [Read More...]

VT Telephone Co. v. FirstLight Fiber Inc.

Denied! Superior Court for the Northern District of … [Read More...]

What Is Road Acceptance?

(This is an excerpt from our Road Law Guide. To read more … [Read More...]

Why Developments Use Ponds to Prevent Stormwater Damage

If you have ever driven through newer developments, you may … [Read More...]

Article Archives

  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2023 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC