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 Virginia, a quitclaim deed is a legal instrument used to transfer a grantor's rights, title, and interest in a property to a grantee, without any warranties of title. It is often used between family members or in situations where the property is being transferred without a traditional sale. The quitclaim deed conveys only what interest the grantor has at the time of the transfer, if any, and does not guarantee that the title is clear of liens or encumbrances. This means that if the grantor does not actually own the property, or if there are issues with the title, the grantee receives no legal recourse against the grantor under the quitclaim deed. In Virginia, quitclaim deeds must be in writing, signed by the grantor, and should be notarized. Additionally, the deed must be recorded with the Clerk of the Circuit Court in the county where the property is located to provide notice to third parties and protect the grantee's interest.