Also known as: quitclaim deed · quit-claim deed · quitclaim · quit claim deed
Written by attorneys · grounded in primary & secondary sources — see below
A form of deed that transfers whatever interest the grantor holds in real property. It contains no covenants of title and provides no assurance that the grantor possesses any particular estate or that title is free from defects.
Quillan Quick conveyed a parcel to Quincy Quan by quitclaim deed at closing. After the transfer, a prior recorded option held by a third party surfaced and impaired Quan's title. Quan had no recourse against Quick under the deed because the instrument carried no covenants promising good title or freedom from encumbrances.
Stone Clean held a reversion after conveying a life estate to Justin. Stone Clean later executed a quitclaim deed transferring that reversion to Nova Resource. The deed passed whatever interest Stone Clean possessed even though the creating instrument contained no express restriction on alienation.
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A spouse holding an interest as tenant by the entirety executed a quitclaim deed purporting to transfer rights in the marital home. The deed operated only on whatever separate rights the grantor actually possessed under state law, without creating or enlarging any interest.
Vertex Buildings signed a letter approving future redevelopment of an easement area but never executed a quitclaim deed or other release. East Land proceeded with construction relying on the letter alone. The absence of a quitclaim instrument left the recorded easement intact.
A quitclaim deed conveys only whatever interest the grantor holds and contains no covenants of seisin, right to convey, against encumbrances, quiet enjoyment, or warranty. A grantee therefore receives no assurance that title is good or free from defects and cannot sue the grantor on title covenants if later problems arise.
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Courts treat an escrowed quitclaim deed that automatically transfers title upon default as an invalid clog on the equity of redemption. The arrangement is viewed as additional security only, and the lender must still foreclose to cut off redemption rights.
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The owner of a reversionary interest may transfer it by quitclaim deed under the rule permitting inter vivos conveyances of future interests. The deed passes whatever estate the grantor holds even if the original creating instrument contained no express restriction on alienation.
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A general warranty deed contains six covenants of title that run with the land and allow the grantee to recover from the grantor for defects. A quitclaim deed contains none of those covenants and transfers only the interest the grantor actually possesses at the time of conveyance.
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…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 manner…