Also known as: quiete clamare · quiet clamantia · quitclaim · quit claim
Written by attorneys · grounded in primary & secondary sources — see below
A historical form of conveyance that transfers whatever interest the grantor holds in land without any covenants or warranties regarding title.
Quade Quincy sold a parcel to Quantum Dynamics by quitclaim deed after the buyer accepted a discounted price due to possible title defects. When a pipeline easement later surfaced and blocked development, Quantum Dynamics could not recover from Quincy because the deed carried no covenants for title. The buyer bore the risk of any unknown encumbrances.
Seller Quinn conveyed Blackacre to Buyer Bates by quitclaim deed to close the deal the same day. Bates later discovered an old mortgage lien. Because the deed contained no title covenants, Bates had no claim against Quinn and took the property subject to the lien.
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Heir Helen executed a quitclaim deed to distant relative Roger releasing any interest in Greenacre. Roger paid a nominal sum knowing Helen might hold only a fractional share. The deed passed Helen's interest without warranty, leaving Roger to bear the risk of other heirs.
Remainder holder Ralph delivered a quitclaim deed to life tenant Lena covering any future interest. Lena paid a modest price because the interest was contingent. The deed transferred whatever interest Ralph held without covenants, so Lena assumed the risk it might never vest.
Co-tenant Carla quitclaimed her one-third interest in Whiteacre to partner Pete for a reduced price. Pete accepted the deed knowing Carla made no promises about title. When an undisclosed tax lien appeared, Pete could not recover from Carla because the quitclaim carried no warranties.
A quitclaim deed transfers whatever interest the grantor possesses at the time of conveyance and provides no warranties of title. The grantee accepts the risk of unknown defects or encumbrances.
Supporting sources
A general warranty deed contains covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty that protect the grantee against title defects. A quitclaim deed contains none of these covenants and simply passes the grantor's interest as is.
Supporting sources
No. Extinguishing an easement requires a written release executed by the dominant estate holder with the formalities required for a conveyance of land. A quitclaim deed from the servient owner alone does not release the easement.
Supporting sources
…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…