A quitclaim deed is what an owner of property uses to “quit” their “claim” to the property. It does not technically convey the property to any other person or entity, but is just sued by the owner of a property to offload the interest from themselves. 99.9% of the time, this is not the deed that your lawyer will advise using in any transactions for a couple of very good reasons.
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Quitclaims deeds do not transfer title, but merely transfer whatever interest the grantor has at that time. So the person receiving property under a quitclaim deed actually has no guarantee that they are actually receiving good title—The title they are receiving is only as good as whatever interest the grantor had, and the grantor is making no assertions about their actual title rights! One Texas case actually says that Quitclaim deeds are “commonly used to convey undivided interests of an unknown extent or claims having a dubious basis.” Porter v. Wilson, 389 S.W.2d 650. Suffice it to say, your attorney will likely not advise that you accept a quitclaim deed for a transfer of property.
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In order to “bearproof” and preserve the chain of title, use of Warranty Deeds is preferred to Quitclaim Deeds; Contact San Antonio Real Estate Attorney Nathaniel Gilbert for help in transferring your property through deeds.
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The important part of this is to realize that a Quitclaim deed does not establish any title rights for the grantee, the one receiving the Quitclaim deed. If there was no interest to grant, then you are the holder of no interest, and because it is a Quitclaim deed, you have no recourse against the grantor.
Warranty deeds are by far the superior vehicle for the transfer of property in Texas. Warranty deeds carry, as the name implies, warranties of title and right to pass such title. In the cases of most Warranty Deeds (called, General Warranty Deeds) this guarantee goes all the way back through the chain of title to when the land or property was first recorded in history. For more on deeds and their effectiveness, Click Here.
The Law Office of Nathaniel Gilbert is your San Antonio, Texas resource for property transactions and all matters involving Quitclaim and Warranty Deeds. For more on Attorney Nathaniel Gilbert and Real Estate Law in Texas, or to schedule a free consultation, Click Here.
