[WSBARP] The term "Convey" in a Quitclaim Deed

Tue Jul 7 10:56:45 PDT 2020

“grant and convey” is not in the WA statutes on deed forms.  So if that satisfies “substantial” then quitclaim should suffice.  See also Black’s Law Dictionary definition of quitclaim.  QC deeds as described by Mr. Faber are common (or were common at least until the 80’s) in MT.

BTW “grant” typically includes warranties which is the opposite of quitclaim. See, for example, a grant deed in CA.

I typically use the statutory forms to avoid such issues.

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

22 East Poplar Street, Suite 202

P.O. Box 1233

Walla Walla, WA 99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:Lenard at wittlakelaw.com> Lenard at wittlakelaw.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Sjostrom
Sent: Tuesday, July 7, 2020 10:10 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] The term "Convey" in a Quitclaim Deed

I’ve had a similar problem recently, I had a title co. insist that I have a boundary adjustment quitclaim deed include “grant and convey”, which I didn’t think was necessary, but since it hadn’t been recorded yet it was no biggie. 

Craig

CONFIDENTIALITY NOTICE: This e-mail message contains information belonging to the Law Office of Craig Sjostrom, which may be privileged, confidential and/or protected from disclosure.  The information is intended only for the use of the individual or entity named above.  If you believe that you have received this message in error, please be so kind as to contact the sender and delete the message.  If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. Thank you.  

> 

> Law Office of Craig Sjostrom, 1204 Cleveland Ave., Mount Vernon, WA  98273  Phone (360) 848-0339  Fax (360) 336-3488 email  <mailto:cdsjostrom at comcast.net> cdsjostrom at comcast.net

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Tuesday, July 07, 2020 9:48 AM
To: wsbarp <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] The term "Convey" in a Quitclaim Deed

RCW 64.04.050 says that a quitclaim deed must be in "substantially" the form described. I'm currently getting pushback from a title company on a quitclaim deed that did not include the word "convey" (reading instead "[x] does hereby quitclaim to [y] all title in . . ..") Though a "conveyance", I can see no substantial reason in law to require the use of both the terms "convey" and "quitclaim" in a valid deed, nor can I find any literature on point that suggests otherwise. I'd very much like to avoid eating the cost of re-recording here, plus this seems like a good opportunity to improve my practice. Can anyone speak to this point, either to confirm I'm correct or give me authority that clearly says I'm incorrect? It seems that both efficiency and clarity makes the use of the term "convey" superfluous.

Best,

David J. Faber

Faber Feinson PLLC

210 Polk Street, Suite 1

Port Townsend, WA 98368
(360) 379-4110

*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.  This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200707/b5d92ec4/attachment.html>