Also known as: quiet clamare · quitclaim
Written by attorneys · grounded in primary & secondary sources — see below
A historical act of renunciation by which a grantor relinquishes any claim or interest in land. The act transfers whatever interest the grantor holds without covenants or warranties of title.
Valley Realty conveyed an apartment complex to View Properties by general warranty deed. Years later a tenant established that part of the land lay outside Valley Realty's chain of title. View Properties then executed a quitclaim deed transferring its interest to a new buyer. The new buyer received only whatever interest View Properties held at that moment and could not enforce the original title covenants against Valley Realty.
A married couple held property as tenants by the entirety. The IRS assessed taxes against one spouse and sought to attach a lien. The spouse executed a quitclaim deed purporting to transfer any remaining interest to the other spouse. The deed passed only the interest the transferring spouse actually held at the time of execution.
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A sole owner attempted to create a joint tenancy by conveying directly to herself and another person. She executed a quitclaim deed reciting the new ownership form. The deed transferred only the interest she held and did not by itself create the survivorship right without additional formalities.
A husband and wife owned their home as tenants by the entirety. The United States asserted a tax lien against the husband alone. The wife executed a quitclaim deed conveying any interest she held to a third party. The deed transferred only the wife's separate rights in the estate at the moment of conveyance.
A husband and wife acquired their home as joint tenants with right of survivorship. After the wife suffered a stroke the husband executed a quitclaim deed purporting to sever the joint tenancy. The deed transferred only the interest the husband held at execution and left the survivorship feature intact until one joint tenant died.
A quitclaim deed transfers whatever interest the grantor holds at the time of conveyance. It contains no covenants of title and provides no assurance that the grantor owns any interest at all.
A quitclaim deed delivered in escrow and recorded automatically upon default functions as an invalid clog on the equity of redemption. Courts refuse to enforce such arrangements and require proper foreclosure instead.
A quitclaim deed carries no title covenants. In contrast a general warranty deed includes covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty that may run with the land.
An owner of a reversionary interest may transfer that interest by quitclaim deed provided the creating instrument imposes no restriction on alienation. The deed passes whatever interest the grantor holds at the time of conveyance.
…a conveyance in fee simple to the grantee, ... (Emphasis supplied.) K.S.A. 58-2204 sets forth a similar statutory form for a quitclaim deed. Under these sections an instrument, to constitute a deed, must "describe the premises." The degree of specificity of the description of the premises required is not indicated. The…