- For land transfers to be valid, the deed must comply with the applicable laws.Dream Property image by CSlade from Fotolia.com
Each state in the United States requires parties to execute a "deed" when transferring title to property. Deeds are written instruments that contain certain information about the land transaction. Deeds are recorded in the county land records office located where the land is situated. This helps keep a complete record of who owns what parcels of land. Quitclaim deeds are commonly used to transfer land interests. - A quitclaim deed is a special type of deed that relinquishes any and all claims to a parcel of land, regardless of whether the signer has good title or not. Typically, parties who know the land intimately and are familiar with the parties involved use quitclaim deeds because there is little or no chance that any legal problems will arise in the future; all they need is a quick way to transfer title. Parties who do not know the land or are unfamiliar with the alleged owner, however, should be wary of using a quitclaim deed. If problems with title arise in the future, such as the true owner asserts a valid claim to the land, the person with bad title cannot sue the former transferor (the person who gave the quitclaim deed) because all the deed does is relinquish any claim to the land.
- Quitclaim deeds are like other deeds in that the names of the people involved must be clearly indicated. The person giving title away is the "grantor;" the person receiving title is the "grantee." If, on April 2, 1935, John Smith gave property away to his wife's brother, Abel Jones, via quitclaim deed, the deed would contain a sentence such as: "On April 2, 1935, John Smith, grantor, transferred all interest and claims to Abel Jones, via quitclaim deed."
Additionally, the quitclaim deed must contain a statement regarding the "consideration" for the transfer. Consideration is a legal term that refers to a quid-pro-quo relationship between the parties. In the above example, John Smith is giving title away to Abel Jones. List what Abel Jones gave in return after the parties. For example, the sentence might read: "In consideration for the transfer, Abel Jones gave $1 to John Smith." - After listing the names of the parties and stating the consideration, a quitclaim deed should contain a legal description of the property. The street address and the plot and parcel information (found at the property records office) follows the names and consideration statements. The land description leaves no doubt as to what parcel of land was transferred. It also informs the new owner about the metes and bounds of the property so that the owner knows exactly what he now has dominion over.
- The grantor must sign the quitclaim deed. To reduce fraud and to prevent future problems, state laws require the grantor sign the document under oath in the presence of a notary public. Once the deed is signed, it should be taken to the county land records office to be recorded. Recording a deed refers to the process of making a new record of who owns the land. The clerk at the county records office takes the deeds, makes a copy of it, includes a filing number, and files it away. Subsequent purchasers can use these records to determine who has true title to the land.
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