Is One Claiming Title Under a Quitclaim Deed a Bona Fide Purchaser

Authors

L. W. Carr

Abstract

In considering this question two primary considerations are presented at the outset, (I) what is meant by a quitclaim deed, and (2) what constitutes a bona fide purchaser. The quitclaim, as used in the law of conveyancing in the United States, is ordinarily treated as analogous to the old English deed of release, but the latter could operate only when the vendee was already the owner of an estate in the land, while the former is recognized as an original conveyance. The usual operative words are "remise, release, and forever quit claim." Frequently a covenant against incumbrances by the grantor is added, but the usual covenants of title found in a warranty deed are absent. The ordinary quitclaim does not purport to convey the land itself, but rather· the "right, title, and interest" of the grantor. The use of the latter words may be said to be the typical feature of the quitclaim. It is strongly intimated by at least one court that the use of the operative words "grant, bargain, and sell" in connection with "right, title, and interest" does not change the character of the conveyance.

Recommended Citation

L. W. Carr, Is One Claiming Title Under a Quitclaim Deed a Bona Fide Purchaser, 4 Mich. L. Rev. 602 (1906).
Available at: https://repository.law.umich.edu/mlr/vol4/iss8/2