[B Rookard]

Originally Posted by Codee

A quit claim deed is used primarily to extinguish intrest in property. Lets say that I have an easment intrest in your property. Now you want to sell your property and get rid of my easement. You want to buy-out my interest in your propperty. Instead of me writing a deed to you giving you back an easement to your land and then having the easement disolve due to same party owner, I simply fill out a quit claim which states that I give up all intreast in the propperty.

There is a grain of truth in what you say. You can extinguish an easement when the owner of the dominant tenement reconveys all his interest in the servient tenement to the owner of the servient tenement.

But a quitclaim deed is a deed. It is a conveyance of an interest in property. While you can use it to "extinguish" the easement in the way you suggest ... you're really releasing your interest in a sense ... a quitclaim deed is fine for passing title. The only difference between a quitclaim deed and a warranty deed ... there's no warranty in the quitclaim deed.

Quit claims however transfer title in a non-advisarial, non-hostile way. If I felt that your "claim" against my propperty was invalid I could isssue a quiet title suit. Conversly a prospective easement is also perfected in a quiet title suit.

Generally, you're right.

But I think you really mean a "prescriptive" easement ... not "prospective."

If you want interest in a property you have been adversly possessing you should research "Proscriptive easements" and learn how toperfect it with a quiet title suit.

Again, it's a "prescriptive" easement.

All it is ... an easement by adverse possession. You get a right of way over the property by adverse possession.

In straight-up adverse possession ... you would obtain title to the entire property. Provided the elements are met.