A warranty deed guarantees that the grantor owns title. The quitclaim deed transfers only that interest in the real property which the grantor actually has. A quit claim deed contains no warranties and the seller doesn't have liability to the buyer for other recorded claims on the property. The purchaser takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. The quitclaim is often used among family members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title.
Land means more than the surface of the earth. It includes the soil and all things of a permanent nature attached to the ground such as trees. Land also includes the waters on the ground and things beneath the surface such as minerals.
A quit claim deed is a legal document used to transfer property rights from one party to another. In the state of Texas, a Texas quit claim deed form is specifically designed for use in real estate transactions within the jurisdiction of Texas law. This form serves as proof of the transfer of ownership interest in a property without any warranties or guarantees regarding the title. The Texas quit claim deed form example typically includes the following information: 1. Granter and Grantee Information: The form requires the names and addresses of both the granter (current owner) and the grantee (new owner) of the property. 2. Property Description: It is important to provide a detailed legal description of the property being transferred. This may include information such as lot number, subdivision name, boundary lines, and other identifying factors. 3. Consideration: The consideration section states the amount of money, if any, changing hands between the granter and grantee. However, it is essential to note that a quit claim deed form in Texas does not always involve a monetary exchange. 4. Execution and Acknowledgment: Both the granter and a notary public must sign the form. The notary public acknowledges the signatures and may also affix a seal for authentication purposes. 5. Recording Information: Once the quit claim deed form is executed, it must be submitted for recording at the county clerk's office where the property is located. This process ensures that the transfer of ownership is officially documented and becomes a part of the public record. While the basic structure of a Texas quit claim deed form remains the same, there may be different variations of the form available, tailored for specific purposes or circumstances. Some examples of these specialized forms include the Texas Joint Tenancy Quit Claim Deed, the Texas Life Estate Quit Claim Deed, and the Texas Mineral Rights Quit Claim Deed. These different forms accommodate specific situations where joint tenancy or life estate rights are involved, or when transferring only the mineral rights associated with a property. In conclusion, the Texas quit claim deed form serves as a legal instrument for conveying property rights. It is crucial to ensure accuracy and completion of the form before executing and recording it to effectuate the transfer of ownership.
