Which term refers to the legal concept that prevents someone from denying a fact or a right after it has been waived?

Prepare for the New Jersey Title Agent Exam with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Multiple Choice

Which term refers to the legal concept that prevents someone from denying a fact or a right after it has been waived?

Explanation:
Estoppel is the legal rule that prevents a person from denying a fact or a right once they have waived it or made a representation about it, and another party has relied on that waiver or representation. In title work, this protects someone who acted on a seller’s statement or waiver regarding title conditions, encumbrances, or rights, by baring the waiving party from later contradicting that earlier position. For example, if a seller signs a waiver saying there are no encumbrances, they may be barred from later claiming an encumbrance existed if the buyer relied on that waiver in proceeding with the transaction. The other options don’t fit: a codicil changes a will, guardians pertain to guardianship, and a leasehold estate is a type of property interest. Estoppel best captures the idea of preventing reversal after a waiver or representation.

Estoppel is the legal rule that prevents a person from denying a fact or a right once they have waived it or made a representation about it, and another party has relied on that waiver or representation. In title work, this protects someone who acted on a seller’s statement or waiver regarding title conditions, encumbrances, or rights, by baring the waiving party from later contradicting that earlier position. For example, if a seller signs a waiver saying there are no encumbrances, they may be barred from later claiming an encumbrance existed if the buyer relied on that waiver in proceeding with the transaction. The other options don’t fit: a codicil changes a will, guardians pertain to guardianship, and a leasehold estate is a type of property interest. Estoppel best captures the idea of preventing reversal after a waiver or representation.

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