Real Estate Alphabet Soup: Q is for Quitclaim

Miles & Stockbridge P.C.

In my last post, “Real Estate Alphabet Soup: P is for Property” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “Q.”

Q is for “Quitclaim”. A “Quitclaim Deed” is a form of deed which conveys only that right, title or interest which the owner or grantor has, or may have, in the property conveyed, and does not require that the grantor thereby necessarily pass good title to the property. Unlike a warranty deed, the grantor of the Quitclaim Deed does not represent that he or she actually has any interest in the property; rather, the grantor of the quitclaim grants whatever interest in the property he or she may have in the property.

Q is also for “Quiet Title”. An action for “Quiet Title” is an equitable action one may file to determine any potential adverse claims to a specific piece of property in question. A Quiet Title proceeding is often the result of various parties claiming an interest in the same piece of property, or someone trying to confirm ownership of a piece of property that may be in question for some reason, in order to obtain clear title to the property. A Quiet Title proceeding requires that notice be provided to any person who may have any interest in the property in question, in order to bring those parties together so that the court may make the ultimate determination as to who has title to the property.

Q is also for “Quiet Enjoyment”. “Quiet Enjoyment” is the right for an owner or lessee, to have the unimpaired use and enjoyment of the property conveyed or leased, without interference from others. A covenant of “Quiet Enjoyment” may be included in a deed, in which case the grantor is obligated to protect the grantee against claims of ownership by other parties. In a lease, the right to “Quiet Enjoyment” is usually set forth as a right or covenant, which requires the lessee or tenant to comply with all of the terms of the lease in order to have the right of “quiet enjoyment” of the leased premises.

And isn’t that the goal of us all, to have the peaceful and “Quiet Enjoyment” of our property?

In my next post, I will move on to the letter “R”, the next letter in this real estate “alphabet soup.”

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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