| Property law |
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| Part of the common law series |
| Types |
| Acquisition |
| Estates in land |
| Conveyancing |
| Future use control |
| Nonpossessory interest |
| Related topics |
| Other common law areas |
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Higher category: Law and Common law |
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.
- ^ 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.)
- ^ "The Complete Guide to Quit Claim Deeds". Deeds.com Inc. Retrieved 12 February 2018.