There are various types of real estate (land) deeds. Having a deed may document a claim of ownership but does not guarantee actual ownership, as the old jokes about selling or buying the Brooklyn Bridge illustrate. Many types of deeds allow recourse against the grantor (maker of the deed) if certain subsequent title problems occurs. This comment briefly notes in a broad educational overview some legal issues associated with quitclaim (also spelled "quit claim") deeds. Always consult experienced legal counsel in real estate and deed situations.
Quitclaim deeds are most often utilized to release ownership rights in the context of divorce or inheritance property settlements or to provide a gift. The quitclaim deed, sometimes mistakenly called a "quickclaim" deed, only transfers to the grantee (recipient of the deed) whatever title or ownership, if any, that the grantor has at the time the deed is delivered to the grantee. This is the fundamental attribute of the quitclaim deed. It is recognizable by the word "quitclaim" in the document.
Two similar but different deeds should be mentioned. The bargain and sale deed might be used at a government-conducted tax sale. This deed implies appropriate grantor action but makes no warranties against third-party claims to the property. In a grant deed the grantor makes limited warranties concerning the grantor's prior transactions and undisclosed liens.
The following are 10 common things that one should understand.
- The quitclaim deed contains no warranties of title or ownership. If the grantor owns nothing, the grantee receives nothing.