What happens if a grantor conveys realty they do not own?

When a grantor conveys property they do not own, the principle of estoppel can come into play. If the grantor represents that they own the property and conveys it to a grantee, they may be estopped from later denying their ownership or the validity of the conveyance. This means that the grantor cannot go back on their assertion that the title was conveyed, even if it turns out they did not own the property at the time of the conveyance.

This legal doctrine prevents the grantor from asserting a claim that contradicts their earlier representations, thereby protecting the grantee's reliance on the grantor's representations. The grantee is often seen as having relied on the belief that the grantor had the authority to make the conveyance, thus leading to the estoppel. The critical point is that the conveyance itself may still be deemed valid for certain purposes, even if the grantor lacked ownership at the time of the transaction.

This rationale provides a strong basis for understanding the implications when a grantor conveys property they do not own, emphasizing the importance of representations made during the transfer of real property.