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Deeds In modern times, transfer of property is at its peak. Certain documents are required to be executed in order to make the transfer of property operational. A deed is the document used in transactions involving the transfer of property. There are different types of deeds used in the transfer of property. This paper seeks to highlight the differences between the two most commonly used deeds in the transfer of property: the quitclaim deed and the warranty deed.
THE QUITCLAIM DEED
A quitclaim deed refers to a document of conveyance of real property that passes any claim, title or interest vested in the grantor of the deed without vouching the validity of such title, claim or interest. The quitclaim deed is therefore a release by the grantor or conveyor of the deed of any interests that the grantor may have in property as described in the document.
The quitclaim deed releases the conveyor of the deed of any liability with respect to the ownership of the property in the deed. It therefore means that if a competing interest is later on discovered in respect of the property, the conveyor of the deed will not be liable to the grantee. This means that if it is later on discovered that the grantor did not actually own the property, the grantor will lose the property. Similarly, if it is discovered that the grantor only had partial interests in the property, the grantee will only receive the partial interest. This is because a quitclaim deed does not guarantee that the grantor has a clean title to the property. It only relinquishes the rights that the grantor might have in respect of the property if any. There is no guarantee as to the validity of the title (Anding).
THE WARRANTY GUARANTEE A warranty deed is an instrument of transfer of real property from one person known to as the grantor to another known as the grantee in which the grantor vouches that the title is void of any encumbrances. A warranty deed is written document transferring title to property from one person to another. A warranty deed provides a purchaser of real property because the seller of the property pledges or warrants that they are the legal owner of the property which is the subject matter of conveyance. The grantor also guarantees that the property is not subject to any lien, mortgage or any other encumbrances.
A warranty deed guarantees the validity of the title to the property. Therefore, the grantor may be held liable for any claims that may be discovered later on by the grantee. The grantee may not be defected in his claim of right in the property against any third party (Colwell and Yavas). There are two types of warranty deed: general and special deeds. The general warranty transfers the all the grantors interests in the property and also guarantees that if any defect with respect to the title is later discovered, the grantor may be held liable. The special warranty guarantees the grantee that the grantor has not done anything during his tenure as the holder of the title that might impair the title in the future.
THE DIFFERENCE BETWEEN The quitclaim gives the grantee partial protection while the warranty deed gives him full protection in respect of the property.
References
Anding, Gregory. "Does This Piece Fit In? A Look at the Importation of the Common-Law Quitclaim Deed and After-Acquired Title Doctrine into Louisiana's Civil Code." Louisiana Law Review (1994): 55.
Colwell, PF and A Yavas. "The value of deed quality." The Journal of Real Estate Finance and Economics (1993): 6.

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