Also known as: quitclaims · quitclaimed · quitclaiming · quitclaim deed · release of claim
Written by attorneys · grounded in primary & secondary sources — see below
A form of deed that conveys whatever interest the grantor possesses in the property without any covenants or warranties of title. The grantee receives only the grantor's existing rights and bears the risk of any title defects.
Quiana Qualls conveyed her interest in a commercial lot to Quincy Manufacturing by quitclaim deed. Quincy later discovered an undisclosed lien from a prior owner. Because the deed carried no warranties, Quincy could not recover from Quiana for the defect and had to satisfy the lien itself.
Quinton Quimby held only a life estate in a parcel and executed a quitclaim deed to Qubit Systems. The company received whatever interest Quimby possessed at the time but acquired no greater estate and assumed the risk that the life estate would terminate.
After a federal tax lien attached to Don Craft's interest in property held by the entirety, he executed a quitclaim deed to his wife for one dollar. The deed transferred only his existing rights subject to the lien, leaving the government free to assert its claim against the proceeds upon sale.
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Stone Clean executed a quitclaim deed transferring its retained reversion to Nova Resource. Nova received only the reversionary interest Stone Clean actually held, subject to the life estate already granted to Justin, without any assurance that the interest was free of restrictions.
Vertex Buildings signed a letter approving redevelopment but never executed a quitclaim deed releasing its recorded easement. East Land proceeded with construction anyway. Because no quitclaim deed was delivered, the easement remained intact and Vertex could still enforce it.
A quitclaim deed transfers only the interest the grantor actually holds at the time of conveyance and provides no covenants of title. A general warranty deed, by contrast, includes covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty that protect the grantee against defects arising before or during the grantor's ownership.
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No. Courts treat an escrowed quitclaim deed that automatically transfers title upon default as an invalid clog on the equity of redemption. The mortgage remains enforceable only as security, and the lender must still foreclose to cut off redemption rights.
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No. Recordation provides notice but does not validate a transfer that is void as against public policy, such as an attempt to bypass foreclosure through an escrowed quitclaim deed. Equity may set the deed aside even after recordation.
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Yes. The owner of a reversionary interest may convey it by quitclaim deed or any other recognized form of conveyance, and the transferee receives whatever interest the grantor held, provided the creating instrument imposed no restriction on alienation.
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…of inventive and artistic geniusindeed, by virtually ignoring the central purpose of the Copyright/Patent Clausethe Court has quitclaimed to Congress its principal responsibility in this area of the law. Fairly read, the Court has stated that Congress' actions under the Copyright/Patent Clause are, for all intents and…