Quitclaim Deed

A quitclaim deed is one where the grantor only conveys the right, title, and interest of the grantor. The distinguishing feature that sets it apart from the deed without warranty is that it does not purport to convey the land itself but only whatever interest the grantor may have in the land. A deed that goes so far as to convey the land itself, even though quitclaim language is used, will be interpreted to be a deed without warranty. But the classification of a particular deed as a quitclaim or a deed without warranty, in some cases, may be quite difficult, as this is a question of intent to be gathered from the four corners of the instrument itself.

Few, if any, title companies will insure the title when the grantor conveys by quitclaim deed, as a purchaser in such cases cannot be an innocent purchaser. It is not even desirable that a quitclaim deed appears anywhere in the chain of title.

Exceptions and Reservations: Two terms that are often used indiscriminately in deeds, though they have a distinct legal meaning, are the term’s "exception" and "reservation." Strictly speaking, an "exception" excludes from the operation of the deed some part of the land described, whereas a "reservation" refers to the estate retained by the grantor. Where the grantor makes a reservation in connection with the thing granted, he creates a new right in favor of himself that, until the grant, did not exist as an independent right.

Illustration: "A" owns a tract of land and conveys it to "B" reserving unto himself a life estate. Here, the reservation by "A" of a life estate creates a new right, which prior to the grant did not exist.

On the other hand, an exception eliminates or excludes from the operation of the terms of the grant that which is set out in the exception and which would, in the absence of the exception, pass by the terms of the grant.

Illustration: "A" owns a square 10-acre tract, which he conveys to "B" by metes and bounds description. He desires to retain the West 200 feet. In his description, he describes the entire 10-acre tract, but at the conclusion of the description, he states "Less and except, however, the West 200 feet thereof." The West 200 feet retained by "A" constitutes an exception.

Again, few, if any, title companies will insure the title when the grantor conveys by quitclaim deed, and the mere existance of a quitclaim deed in the chain of the title may render the property uninsurable.