Quitclaim Deed

A quitclaim deed conveys whatever interest the grantor has in the described land and makes no promise about what that interest is. The BLM Glossary of Surveying and Mapping Terms defines it as "A deed in the nature of a release containing words of conveyance as well as release. It conveys any interest the maker may have in the property described without any representations or liability of any kind as to title conveyed or encumbrances that may exist thereon." The same entry adds: "A patent from the Government is a quitclaim deed."

If the grantor owns the whole tract, a quitclaim deed passes the whole tract. If the grantor owns nothing, it passes nothing.

What a state form looks like

Arizona's statutory forms (A.R.S. 33-402) show the difference plainly:

• To quit claim: "For the consideration of ______________, I hereby quit claim to A.B. all my interest in the following real property (describing it)."
• To convey and warrant: the conveyance form, adding "and I warrant the title against all persons whomsoever."

Nevada's recording statute (NRS 111.312) lists a quitclaim deed among the kinds of deeds a county recorder handles, along with grant, bargain and sale deeds, warranty deeds, and trustee's deeds upon sale. Forms and recording requirements differ from state to state.

Quitclaim deeds and mining claims

BLM's mining claims brochure says that to transfer a legal interest in a mining claim, "Generally, a quitclaim deed or other type of recordable conveyance document (this is governed by state law) is needed." The transfer must be filed with the proper county and the BLM state office. An amended location notice cannot be used to transfer ownership. If a transfer is not filed with BLM, BLM recognizes only "the last owner of record as the responsible party for maintaining the mining claim or site."

Quitclaim deeds and clearing title

A quitclaim deed from someone with an apparent interest is a common way to clear that interest from the record. Arizona ties it directly to quiet title suits: under A.R.S. 12-1103(B), if a party, twenty days before suing, asks the holder of an apparent adverse interest to execute a quitclaim deed and tenders "five dollars for execution and delivery of the deed," and the holder refuses, the court may award the plaintiff an attorney's fee in addition to costs (see Quiet Title Action).

Why it matters in mineral title research

• A quitclaim deed proves only that the grantor released whatever the grantor held. What that was has to be established from the earlier links in the chain (see Chain of Title).
• Mining claim transfers are commonly made by quitclaim deed, so the research compares each recorded deed with the BLM case file and checks that the grantor was an owner of record at the time.
• A quitclaim deed from a stray heir or a former claimant can remove a cloud on title without a lawsuit.