Legal Definition and Related Resources of Quitclaim
Meaning of Quitclaim
In conveyancing. A form of deed of the nature of a release, containing words of grant as well as release. 2 Washb. Real Prop. 606. The term is in constant and general use in American law to denote a deed substantially the same as a release in English law. It presupposes a previous or precedent conveyance, or a subsisting estate and possession. Thornton, Conv. 44. It is a conveyance at common law, but differs from a release in that it is regarded as an original conveyance in American law, at least in some states. 6 Pick, (Mass.) 499; 14 Pick. (Mass.) 374; 3 Conn. 398; 9 Ohio, 96; 5 111. 117; Rev. St. Me. c. 73, § 14; Code Miss. 1857, p. 309, art. 17. The operative words are “remise, release, and forever quitclaim.” Thornton, Conv. 44. Covenants of warranty against incumbrances by the grantor are usually added.
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This definition of Quitclaim Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Quitclaim in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
Verb To give up one’s claim of title. noun- A deed in the nature of a release, containing words of release and of grant. See Nathans v. Arkwright, 66 Ga. 186 (1880). Conveys such interest as the grantor may have, without covenants of title; but covenants against incumbrances imposed by him are usually added. The operative words are “remise, release, and forever quitclaim”. The term presupposes a previous or precedent conveyance or a subsisting estate and possession. See Ely v. Stannard,41 Conn. 533 (1877).
Note: This legal definition of Quitclaim in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Grammar
This term is a noun.
Etimology of Quitclaim
(You may find quitclaim at the world legal encyclopedia and the etimology of more terms).
a relinquishing of a legal right or claim, c. 1300, from Anglo-French quiteclame; see quit (verb) + claim; this term is also a noun.. Compare Old French clamer quitte “to give up (a right).”
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