Under what condition does a grantor benefit from the estoppel by deed theory?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

The correct choice is based on the principle of estoppel by deed, which holds that if a grantor conveys property without having title to it at the time of the conveyance, the grantor can still benefit from the conveyance if they later acquire title to the property. This situation arises because the law prevents the grantor from denying the validity of the conveyance once they have obtained title.

In this case, if the grantor later acquires title to the estate they previously conveyed, the original grantee is entitled to the same rights and title as if the grantor had title at the time of the original transfer. Therefore, the grantor is "estopped" from asserting any claim against the grantee, thus benefiting from the estoppel by deed theory.

The incorrect options revolve around requirements that do not pertain to the essence of estoppel by deed. Enacting a sale within a specific timeframe, having the grantee notify the grantor of the sale, or the grantor being a bona fide purchaser do not contribute to the fundamental principle of how estoppel by deed operates in the context of title acquisition after a conveyance.

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