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Generally, a quitclaim is a formal renunciation of a legal claim against some other person, or of a right to land.^[1] A person who quitclaims renounces or relinquishes a claim to some legal right, or transfers a legal interest in land.^[2] Originally a common-law concept dating back to Medieval England, the expression is in modern times mostly restricted to North American law, where it often refers specifically to a transfer of ownership or some other interest in real property.^[3]

Commonly, quitclaims are used in situations where a grantor transfers any interest they have in property to a recipient (the grantee) but without offering any guarantee as to the extent of that interest.^[4] There may even be no guarantee that the grantor owns the property or has any legal interest in it whatsoever. Specific situations where a precise definition of the grantor's interest (if any) may be unnecessary include property transferred as a gift, to a family member, or into a business entity. Another typical use is where there was a previous assignment that is under some question, and a subsequent assignment "quitclaims" the same property to the same grantee, on terms that perfect the possible defect (without conceding that the defect exists, and with no warranty that the grantor has any residual interest to transfer).

The legal instrument by which the transfer is effected may be known as a quitclaim deed or a quitclaim agreement.^[3] Details of the instrument itself, and the typical circumstances of use, vary by U.S. state.

History

The common law concept of quitclaim dates back to medieval England.^[6] Its purpose was to provide a straightforward way for a tenant or other person in actual possession of some land to acquire additional rights in it from some other person.^[6] For example, a tenant in possession might acquire a fee simple in the land from a superior landowner such as a freeholder. In such a case, the use of quitclaim circumvented the multistep process of the tenant having to formally give up possession to the original freeholder, merely in order to be re-granted possession by feoffment as freeholder in their own right.^[6]

Quitclaim may originally have been an oral transaction, but by the thirteenth century a formal sealed document or court record had become necessary.^[6] A famous early example is the Quitclaim of Canterbury of 1189, by which Richard I reversed the Treaty of Falaise, transferring his claims on Scotland to William the Lion.

In United States law

In most arms-length real property transactions, such as a house sale, it is normal for the seller or grantor to warrant that they actually own the property or the interest in it that they are purporting to transfer. But a quitclaim deed contains no such warranty, and the grantee is entitled only to whatever interest the grantor actually possesses at the time.^[7] Indeed, a quitclaim deed may offer the grantee no warranty at all regarding the status of the property's title (ownership),^[8] and there may be no guarantee that the grantor owns an interest in the property at all.^[9]

Because of the lack of warranty, quitclaim deeds are most often used in specific situations where a precise definition of the grantor's interest is unnecessary, such as where property is being transferred as a gift, to a family member, or into a business entity.^[7] For example, when a spouse is to acquire the marital home as part of a divorce settlement, the other spouse may be able to transfer their full interest quickly and inexpensively via a quitclaim deed.^[10] A quitclaim deed may also be used to transfer title of a property to a purchaser following a foreclosure auction. Typically such a deed will not warrant that the property title is free and clear, and it remains up to the grantee to check that the property is not subject to any legal encumbrances.^[11]

Usage varies by state, and in Massachusetts quitclaim deeds include statutory warranties (similar to “special warranty deeds” in other states) and are the norm rather than the exception.^[12]

Execution of a quitclaim deed is relatively simple, and may require little more than the signature of the parties. Some states require the deed to be notarized or acknowledged before a notary.^[4] Some states permit a jurat, also known as a verification upon oath or affirmation, in which the affiant swears to the truth of the contents of the document, and signs the document in front of the notary.^[13]

References

^ Collins English Dictionary (10th ed.). London: Collins. 2010. quitclaim. ISBN 978-0-00-738233-0. OCLC 495599124.
^ "quitclaim, v.". Oxford English Dictionary (Online ed.). Oxford University Press. Retrieved 29 December 2021. (Subscription or participating institution membership required.)
^ ^a ^b "quitclaim, n. (and adv.)". Oxford English Dictionary (Online ed.). Oxford University Press. Retrieved 29 December 2021. (Subscription or participating institution membership required.)
^ ^a ^b "The Complete Guide to Quit Claim Deeds". Deeds.com Inc. Retrieved 12 February 2018.
^ Cox, Charles J, ed. (1901). The Chartulary of the Abbey of Dale. Journal of the Derbyshire Archaeological and Natural History Society (Bemrose and Sons). p. 96.
^ ^a ^b ^c ^d Pollock, Frederick; Maitland, Frederic William (1898). The History of English Law Before the Time of Edward I. Vol. II (2nd ed.). Indianapolis: Republished 2010 by Liberty Fund. pp. 94–95. ISBN 978-1-61487-849-0. OCLC 820841850.
^ ^a ^b Fogler, Jean (17 November 2017). "Top 5 Facts About Quitclaim Deeds". Investopedia, LLC. Retrieved 12 February 2018.
^ Black, Henry Campbell; Bryan A. Garner; Black Artemis (1999). Black's Law Dictionary (7th ed.). West Group. p. 1126. ISBN 978-0314228642.
^ See generally Barron's Law Dictionary, pp. 381-382 (2d ed. 1984).
^ Dukeminier, Jesse; James Krier; Gregory Alexander; Michael Schill (November 22, 2017). Property (9th ed.). Aspen Publishers. pp. 595, 599. ISBN 978-1454896500.
^ Klamecki, Lawrence (2 April 2020). "Foreclosure Auctions – Does a Quitclaim Deed Give Clear Title?". REFlipper. Retrieved 29 December 2021.
^ Vetstein, Richard D. (6 June 2011). "The Anatomy of a Massachusetts Quitclaim Deed". The Massachusetts Real Estate law Blog. Retrieved 13 Jan 2017.
^ "Jurat vs. Acknowledgments - Which One?". Michigan Secretary of State. Archived from the original on 13 February 2018. Retrieved 12 February 2018.

[1] Collins English Dictionary (10th ed.). London: Collins. 2010. quitclaim. ISBN 978-0-00-738233-0. OCLC 495599124.

[OEDv-2] "quitclaim, v.". Oxford English Dictionary (Online ed.). Oxford University Press. Retrieved 29 December 2021. (Subscription or participating institution membership required.)

[OEDn-3] "quitclaim, n. (and adv.)". Oxford English Dictionary (Online ed.). Oxford University Press. Retrieved 29 December 2021. (Subscription or participating institution membership required.)

[deeds-4] "The Complete Guide to Quit Claim Deeds". Deeds.com Inc. Retrieved 12 February 2018.

[Dale-5] Cox, Charles J, ed. (1901). The Chartulary of the Abbey of Dale. Journal of the Derbyshire Archaeological and Natural History Society (Bemrose and Sons). p. 96.

[P&M-6] Pollock, Frederick; Maitland, Frederic William (1898). The History of English Law Before the Time of Edward I. Vol. II (2nd ed.). Indianapolis: Republished 2010 by Liberty Fund. pp. 94–95. ISBN 978-1-61487-849-0. OCLC 820841850.

[investopedia-7] Fogler, Jean (17 November 2017). "Top 5 Facts About Quitclaim Deeds". Investopedia, LLC. Retrieved 12 February 2018.

[8] Black, Henry Campbell; Bryan A. Garner; Black Artemis (1999). Black's Law Dictionary (7th ed.). West Group. p. 1126. ISBN 978-0314228642.

[9] See generally Barron's Law Dictionary, pp. 381-382 (2d ed. 1984).

[Property-10] Dukeminier, Jesse; James Krier; Gregory Alexander; Michael Schill (November 22, 2017). Property (9th ed.). Aspen Publishers. pp. 595, 599. ISBN 978-1454896500.

[11] Klamecki, Lawrence (2 April 2020). "Foreclosure Auctions – Does a Quitclaim Deed Give Clear Title?". REFlipper. Retrieved 29 December 2021.

[vetstein-12] Vetstein, Richard D. (6 June 2011). "The Anatomy of a Massachusetts Quitclaim Deed". The Massachusetts Real Estate law Blog. Retrieved 13 Jan 2017.

[13] "Jurat vs. Acknowledgments - Which One?". Michigan Secretary of State. Archived from the original on 13 February 2018. Retrieved 12 February 2018.

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@@ Line 1: / Line 1: @@
-{{short description|Legal instrument}}
+{{Short description|Renunciation or transfer of land rights}}
 {{Property law}}
+Generally, a '''quitclaim''' is a formal renunciation of a legal claim against some other person, or of a right to land.<ref>{{Cite book|url=https://www.worldcat.org/oclc/495599124|title=Collins English Dictionary|date=2010|publisher=Collins|isbn=978-0-00-738233-0|edition=10th|location=London|oclc=495599124| at=quitclaim}}</ref> A person who quitclaims renounces or relinquishes a claim to some legal right, or transfers a legal interest in land.<ref name="OEDv">{{Cite OED | quitclaim, ''v.'' | access-date= 29 December 2021 }}</ref> Originally a [[common-law]] concept dating back to Medieval England, the expression is in modern times mostly restricted to North American law, where it often refers specifically to a transfer of ownership or some other interest in [[real property]].<ref name="OEDn">{{Cite OED | quitclaim, ''n. (and adv.)'' | access-date= 29 December 2021 }}</ref>
-A '''quitclaim deed''' is a legal instrument that is used to transfer interest in [[real property]]. The entity transferring its interest is called the ''[[conveyancing|grantor]],'' and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the ''grantee.''<ref name=deeds>{{cite web|title=The Complete Guide to Quit Claim Deeds|url=https://www.deeds.com/quit-claim-deed/|website=Deeds.com Inc.|accessdate=12 February 2018}}</ref> The owner/grantor terminates (“quits”) any right and claim to the property, thereby allowing the right or claim to transfer to the recipient/grantee.
+Commonly, quitclaims are used in situations where a ''[[conveyancing|grantor]]'' transfers any interest they have in property to a recipient (the ''[[grantee]]'') but without offering any guarantee as to the extent of that interest.<ref name="deeds">
-==Overview==
+{{cite web|title= The Complete Guide to Quit Claim Deeds|url= https://www.deeds.com/quitclaim-deed/|access-date= 12 February 2018|website= Deeds.com Inc.}}</ref> There may even be no guarantee that the grantor owns the property or has any legal interest in it whatsoever. Specific situations where a precise definition of the grantor's interest (if any) may be unnecessary include property transferred as a gift, to a family member, or into a business entity.  Another typical use is where there was a previous assignment that is under some question, and a subsequent assignment "quitclaims" the same property to the same grantee, on terms that perfect the possible defect (without conceding that the defect exists, and with no warranty that the grantor has any residual interest to transfer).
+The [[legal instrument]] by which the transfer is effected may be known as a '''quitclaim deed''' or a '''quitclaim agreement'''.<ref name="OEDn" /> Details of the instrument itself, and the typical circumstances of use, vary by U.S. state.
-Unlike most other property [[deed]]s, a quitclaim deed contains no [[Covenant (law)|title covenant]] and thus offers the grantee no [[warranty]] as to the status of the property title;<ref>"Quitclaim deed", Black's Law Dictionary, p. 1126 (5th ed. 1979).</ref> the grantee is entitled only to whatever interest the grantor actually possesses at the time the transfer occurs.<ref name=investopedia>{{cite web|last1=Fogler|first1=Jean|title=Top 5 Facts About Quitclaim Deeds|url=https://www.investopedia.com/articles/personal-finance/051614/five-things-know-about-quitclaim-deeds.asp|publisher=Investopedia, LLC|accessdate=12 February 2018|date=17 November 2017}}</ref> This means that the grantor does not guarantee that it actually owns any interest in the property at the time of the transfer,<ref>See generally ''Barron's Law Dictionary'', pp. 381-382 (2d ed. 1984).</ref> or if it does own an interest, that the title is free and clear. It is, therefore, possible for a grantee to receive no actual interest, and &ndash; because a quitclaim deed offers no warranty &ndash; have no legal recourse to recover any losses. Further, if the grantor should acquire the property at a later date, the grantee is not entitled to take possession, because the grantee can receive only the interest that the grantor held at the time the transfer occurred. In contrast, other deeds often used for real estate sales (called grant deeds or [[warranty deed]]s, depending on the jurisdiction) contain warranties from the grantor to the grantee that the title is clear or that the grantor has not placed any [[encumbrance]] against the title.
+==History==
-Because of this lack of warranty, quitclaim deeds are most often used to transfer property between family members, as gifts, placing personal property into a business entity (and vice versa) or in other special or unique circumstances.<ref name=investopedia/>  An example use for a quitclaim deed is in divorce, whereby one spouse terminates any interest in the jointly owned marital home, thereby granting the receiving spouse full rights to the property: for example, when one spouse acquires the marital home in a divorce settlement, the other spouse could execute a quitclaim deed eliminating his or her interest in the property and transferring full claim to the other spouse, quickly and inexpensively.<ref>{{cite book |title= Property |edition= 7th |last= Dukeminier |first= Jesse |author2=James Krier |author3=Gregory Alexander |author4=Michael Schill  |date=March 2006 |publisher= Aspen Publishers |isbn= 0-7355-8899-6}}</ref>
+[[File:Dale Abbey cartulary 01.png|right|thumb|[[Cartulary]] of [[Dale Abbey]], [[Derbyshire]], folio 36. In the middle section Ralph de Frescheville quitclaims two [[Oxgang|bovate]]s of land to Eleanor, daughter of Geoffrey Chamberlain, for three [[Mark (currency)|mark]]s in silver. No date, but folio 37 records a deed of 1261<ref name="Dale">{{Cite book |url=https://archive.org/details/journalofderbysh23derb/page/n279/mode/1up |title=The Chartulary of the Abbey of Dale |publisher=Journal of the Derbyshire Archaeological and Natural History Society (Bemrose and Sons) |year=1901 |editor-last=Cox |editor-first=Charles J |pages=96}}</ref>]]
+The [[common law]] concept of quitclaim dates back to medieval England.<ref name="P&M">{{Cite book|last1=Pollock|first1=Frederick|author-link1=Sir Frederick Pollock, 3rd Baronet|last2=Maitland|first2=Frederic William|author-link2=Frederic William Maitland|title=The History of English Law Before the Time of Edward I |date=1898|publisher=Republished 2010 by Liberty Fund|isbn=978-1-61487-849-0|edition=2nd|volume=II|pages=94–95|location=Indianapolis|oclc=820841850|url=https://www.worldcat.org/oclc/820841850}}</ref> Its purpose was to provide a straightforward way for a [[Leasehold estate|tenant]] or other person in actual possession of some land to acquire additional rights in it from some other person.<ref name="P&M" /> For example, a tenant in possession might acquire a [[fee simple]] in the land from a superior landowner such as a [[Freehold (law)|freeholder]]. In such a case, the use of quitclaim circumvented the multistep process of the tenant having to formally give up possession to the original freeholder, merely in order to be re-granted possession by [[feoffment]] as freeholder in their own right.<ref name="P&M" />
-In some jurisdictions, quitclaim deeds are used in [[tax deed sale]]s (in those cases, the term "tax deed" or "sheriff's deed" may be used to describe the actual document), where a property is sold in a [[public auction]] to recover the original homeowner’s outstanding tax debt. The auctioning body is usually the local government, which claims no interest to the property whatsoever, but is selling only to recover the unpaid taxes without extending any warranty for the property title.  The purchaser then may need to initiate a [[quiet title]] action to remove any [[Cloud on title|clouds]] to the title.
+Quitclaim may originally have been an oral transaction, but by the thirteenth century a formal sealed document or court record had become necessary.<ref name="P&M" /> A famous early example is the Quitclaim of Canterbury of 1189, by which [[Richard I of England|Richard I]] reversed the [[Treaty of Falaise]], transferring his claims on Scotland to [[William the Lion]].
-In many jurisdictions, quitclaim deeds are rarely used to transfer property from seller to buyer in a traditional property sale: the grantor and grantee have an existing relationship, or the grantor and grantee are the same person.<ref>{{cite book |title= The Law of Waiver, Variation and Estoppel | edition=2nd |last= Wilken, JD |first= Sean |author2=Theresa Villiers  |date=February 2003 |publisher= [[Oxford University Press|Oxford University Press USA]] |isbn= 0-19-925321-8| author2-link=Theresa Villiers }}</ref> But in others, such as [[Massachusetts]], quitclaim deeds are the norm.<ref name="vetstein">{{cite web|
-title=The Anatomy of a Massachusetts Quitclaim Deed|
-author=Vetstein, Richard D.|
-url=http://massrealestatelawblog.com/2011/06/06/the-anatomy-of-a-massachusetts-quitclaim-deed/|
-access-date=13 Jan 2017|
-publisher=The Massachusetts Real Estate law Blog}}</ref>
+==In United States law==
-Execution of a quitclaim deed is relatively simple, and requires little more than both parties signing the deed and, if required in the state where it is executed, having the deed notarized, acknowledged before a notary or with a jurat signed before a notary.<ref name=deeds/> A jurat, also known as a ''verification upon oath or affirmation'', is a form of notarization in which the affiant appears before a notary, swears to the truth of the contents of the document, and signs the document in front of the notary.<ref>{{cite web|title=Jurat vs. Acknowledgments - Which One?|url=http://www.michigan.gov/sos/0,4670,7-127-1638_8736-85785--,00.html|website=Michigan Secretary of State|accessdate=12 February 2018}}</ref>
+[[File:Quit claim deed signed William S. Reefe and Alice L. Reefe of Washington County, July 10, 1871.jpg|thumb|Missouri State quitclaim deed, 1871]]
+In most arms-length [[real property]] transactions, such as a house sale, it is normal for the seller or [[Grant (law)|grantor]] to [[warranty|warrant]] that they actually own the property or the interest in it that they are purporting to transfer. But a quitclaim deed contains no such warranty, and the [[Grant (law)|grantee]] is entitled only to whatever interest the grantor actually possesses at the time.<ref name=investopedia>{{cite web| last1=Fogler| first1=Jean| title=Top 5 Facts About Quitclaim Deeds| url=https://www.investopedia.com/articles/personal-finance/051614/five-things-know-about-quitclaim-deeds.asp| publisher=Investopedia, LLC| access-date=12 February 2018| date=17 November 2017}}</ref> Indeed, a quitclaim deed may offer the grantee no warranty at all regarding the status of the property's title (ownership),<ref>{{cite book| title=Black's Law Dictionary| page=1126| edition=7th| year=1999| first1=Henry Campbell| last1=Black| author2=Bryan A. Garner| author3=Black Artemis| publisher=West Group| isbn=978-0314228642}}</ref> and there may be no guarantee that the grantor owns an interest in the property at all.<ref>See generally ''Barron's Law Dictionary'', pp. 381-382 (2d ed. 1984).</ref>
+Because of the lack of warranty, quitclaim deeds are most often used in specific situations where a precise definition of the grantor's interest is unnecessary, such as where property is being transferred as a gift, to a family member, or into a business entity.<ref name=investopedia/> For example, when a spouse is to acquire the marital home as part of a divorce settlement, the other spouse may be able to transfer their full interest quickly and inexpensively via a quitclaim deed.<ref name="Property">{{cite book |title=Property |url=https://books.google.com/books?id=FAtCDwAAQBAJ&q=quitclaim+ |edition=9th |last=Dukeminier |first=Jesse |author2=James Krier |author3=Gregory Alexander |author4=Michael Schill |date=November 22, 2017 |publisher=Aspen Publishers |pages=595, 599 |isbn=978-1454896500}}</ref> A quitclaim deed may also be used to transfer title of a property to a purchaser following a [[foreclosure]] auction. Typically such a deed will not warrant that the property title is [[free and clear]], and it remains up to the grantee to check that the property is not subject to any legal [[encumbrance]]s.<ref>{{Cite web|last=Klamecki|first=Lawrence|title=Foreclosure Auctions – Does a Quitclaim Deed Give Clear Title?|url=https://reflipper.net/foreclosure-auctions-does-a-quitclaim-deed-give-clear-title/|access-date=29 December 2021|website=REFlipper|date=2 April 2020 }}</ref>
+Usage varies by state, and in [[Massachusetts]] quitclaim deeds include statutory warranties (similar to “special warranty deeds” in other states) and are the norm rather than the exception.<ref name="vetstein">{{cite web|last=Vetstein|first=Richard D.|date=6 June 2011|title=The Anatomy of a Massachusetts Quitclaim Deed|url=http://massrealestatelawblog.com/2011/06/06/the-anatomy-of-a-massachusetts-quitclaim-deed/|access-date=13 Jan 2017|publisher=The Massachusetts Real Estate law Blog}}</ref>
+Execution of a quitclaim deed is relatively simple, and may require little more than the signature of the parties. Some states require the deed to be notarized or acknowledged before a notary.<ref name="deeds" /> Some states permit a [[Jurat (clause)|jurat]], also known as a ''verification upon oath'' or ''affirmation'', in which the [[affiant]] swears to the truth of the contents of the document, and signs the document in front of the notary.<ref>{{cite web| title=Jurat vs. Acknowledgments - Which One?| url=http://www.michigan.gov/sos/0,4670,7-127-1638_8736-85785--,00.html| website=Michigan Secretary of State| access-date=12 February 2018| archive-date=13 February 2018| archive-url=https://web.archive.org/web/20180213022226/http://www.michigan.gov/sos/0,4670,7-127-1638_8736-85785--,00.html| url-status=dead}}</ref>
-==History==
-{{empty section|date=August 2019}}
-[[File:British quitclaim 1409.PNG|right|thumb|British Quitclaim by William Wyther, 1409.<ref>{{cite web |last1=Wyther |first1=William |title=British Quitclaim, 1409 |url=https://fishercollections.library.utoronto.ca/islandora/object/fisher21%3A145 |website=University of Toronto Libraries |accessdate=26 October 2018}}</ref>]]
-[[File:Quit claim deed signed William S. Reefe and Alice L. Reefe of Washington County, July 10, 1871.jpg|thumb|Quit claim deed signed William S. Reefe and Alice L. Reefe of Washington County, July 10, 1871]]
 ==See also==
 {{flowlist}}
 *[[Bargain and sale deed]]
 *[[Estoppel by deed]]
-*[[Harper v. Paradise]]
 *[[Warranty deed]]
-*[[Property law]]
 {{endflowlist}}