Question

When a grantor conveys property using a quitclaim deed, which specific covenant of title are they explicitly failing to provide?

Accepted Answer

When a grantor conveys property using a quitclaim deed, they are explicitly failing to provide every single covenant of title. In real estate law, a covenant of title is a formal promise or guarantee made by the seller, known as the grantor, regarding the legal status of the property being transferred. A quitclaim deed contains no warranties or covenants whatsoever. By using this deed, the grantor makes no promises regarding the quality of the title, meaning they do not guarantee that they actually own the property, that the property is free from undisclosed liens or debts, or that there are no other parties with a legal claim to the ownership. The grantor is simply transferring whatever interest they may happen to have, if any, to the receiver, known as the grantee. This stands in contrast to a general warranty deed, which typically includes six traditional covenants: the covenant of seisin, which guarantees the grantor owns the land; the covenant of the right to convey, which guarantees they have the legal authority to sell it; the covenant against encumbrances, which guarantees there are no hidden debts or claims like mortgages or easements; the covenant of quiet enjoyment, which guarantees the grantee will not be disturbed by third parties claiming better title; the covenant of further assurances, which requires the grantor to perform additional acts if necessary to perfect the title; and the covenant of warranty forever, which obligates the grantor to defend the title against any future lawful claims. Because a quitclaim deed lacks all these protections, it provides the lowest level of security for the buyer.

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When a grantor conveys property using a quitclaim deed, which specific covenant of title are they explicitly failing to provide?