A quitclaim deed—also known as a quitclaim—is a deed that transfers whatever interest the grantor (purported owner) has in a piece of real property to the grantee (buyer)—but does not represent or warrant that the grantor’s title (ownership) is valid (that the grantor has any ownership interest in it) or free from liens or encumbrances.
A quitclaim deed only purports to convey the grantor’s present interest in the land (if any) and does not purport to convey the land itself. Thus, if the grantor were to acquire an interest in the land after executing (signing) a quitclaim deed, the grantor would retain that interest, as the grantor did not have it at the time the grantor executed the quitclaim deed.
In South Carolina, a quitclaim deed is a legal instrument used to transfer a grantor's interest in a property to a grantee without any warranties of title. This means that the grantor does not guarantee that they own the property free and clear of any liens or encumbrances, nor do they assure the validity of their title. The quitclaim deed conveys only the interest that the grantor has at the time of the transfer, if any. If the grantor later acquires any interest in the property, that interest remains with the grantor because it was not owned or claimed at the time the quitclaim deed was executed. It is important for grantees to understand that quitclaim deeds offer the least protection of any deed and are often used in situations where the property is being transferred without a traditional sale, such as between family members or to clear up title issues. As with any legal document affecting real estate, it is advisable to consult with an attorney to understand the implications of using a quitclaim deed in South Carolina.