Quitclaim Form

[jdogpupil]

I'm not familiar with a Quitclaim Deed form:
Here's my question -

I've found a particular property to adversely possess and it was suggested to me that I have someone record a deed quitclaiming all of the signatory's interest to me. On the form it reads "recording requested by". Who does it indicate? The grantor, or the grantee?

[B Rookard]

Uh, is the deed from the current owner? (In which case you can't possibly adversely possess ... there is no such thing as adversely possessing against yourself when you get a proper deed).

Or are you talking about having someone other than the owner sign over the owner's interest? (Which would be major fraud, slander of title, etc.)

Here's a novel suggestion ... just buy the property and get a deed.

To do what you are attempting to do, you would need to initiate a quiet title action, but you will be slitting your own throat if you do not have any legal or equitable interest in the property.

What makes you think you want to claim this piece of property?

Henry Franklin

[Codee]

Originally Posted by jdogpupil

I'm not familiar with a Quitclaim Deed form:
Here's my question -

I've found a particular property to adversely possess and it was suggested to me that I have someone record a deed quitclaiming all of the signatory's interest to me. On the form it reads "recording requested by". Who does it indicate? The grantor, or the grantee?

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. 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.

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.

[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.

[B Rookard]

Originally Posted by jdogpupil

I'm not familiar with a Quitclaim Deed form:
Here's my question -

I've found a particular property to adversely possess and it was suggested to me that I have someone record a deed quitclaiming all of the signatory's interest to me. On the form it reads "recording requested by". Who does it indicate? The grantor, or the grantee?

By the way, adverse possession requires many years to perfect ... and if it any time you have permission to be on the property ... you're sunk. Adverse means adverse.

You could be on my property for one year ... and I really don't care that you're on it ... maybe it's a worthless vacant lot. All I have to do to prevent adverse possession is write a letter ... "This letter is to let you know that you have my permission to remain on my property for as long as you desire."

You will NEVER get title by adverse possession.

[Codee]

Originally Posted by B Rookard

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.

First, my spelling is atrocious, sorry.

A warranty deed guantees that I am getting something. A quit claim deed insures not that I receive but that you have no claim to whatever. I don't actually get your claim as much as I get your "no claim".

The easement was just an example. I tried to show it as a release of interest and the extinguishing the easement was just thrown in to convey the complete picture of what happens IN THAT SITUATION. Essentially a quit claim is just that "I quit to maintain any interest in this property." It is a deed but usually only used to "clear" title between interested parties. I do not think they are appropriate for conveying an interest to a new party to the estate.
Oh, and it takes 5 years to perfect a prescriptive easement in almost all states. You must have the following though.
Adverse possesion. This must be "open and notorious" (not hidden), hostile (without permission), exclusive (not enjoyed by numbers of people)

To say however that one will never aquire title by adverse possesion is silly. Yes you may own vacant lots which you keep watch of. But in my county there are hundred acre lots on 40% grade, which no one has been on for decades with more of the same on all sides. You think you are going to find my tent in the middle of it? GOOD LUCK

[B Rookard]

Originally Posted by Codee

To say however that one will never aquire title by adverse possesion is silly. Yes you may own vacant lots which you keep watch of. But in my county there are hundred acre lots on 40% grade, which no one has been on for decades with more of the same on all sides. You think you are going to find my tent in the middle of it? GOOD LUCK

I never said it's impossible. I said that if the owner gives you permission to be on the land, you will never get adverse possession.

Adverse possession is very easy for an owner to defeat ... it really doesn't take much.

[Codee]

Originally Posted by B Rookard

By the way, adverse possession requires many years to perfect ... and if it any time you have permission to be on the property ... you're sunk. Adverse means adverse.

You could be on my property for one year ... and I really don't care that you're on it ... maybe it's a worthless vacant lot. All I have to do to prevent adverse possession is write a letter ... "This letter is to let you know that you have my permission to remain on my property for as long as you desire."

You will NEVER get title by adverse possession.

See Rookyard? You did say it and it was not in quotes with the rest of your "permission" letter. By the way how are you going to get the letter to me if you don't know I am on your land or who I am? I work with land surveyors and civil engineers and I see prescriptive easment issued all the time. I can even have an easement on your land and if it is unperfected no one willno until there is a dispute. You might even buy land with my right to living space easement already on it.

[B Rookard]

Originally Posted by Codee

See Rookyard? You did say it and it was not in quotes with the rest of your "permission" letter.

Well that's what I get for thinking that my statement was obvious in it's context.

But, I have to remember who I'm dealing with.

I'll remember to be as obtuse with you as you are with me next time.