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

Tue Jul 7 12:33:05 PDT 2020

You need the word “convey” to have a valid deed to real estate in Washington.

Sent from my iPhone

On Jul 7, 2020, at 12:55 PM, Eric Nelsen <Eric at sayrelawoffices.com> wrote:

The statutory form requires use of the word "convey", as do all the statutory forms of deeds—

https://app.leg.wa.gov/RCW/default.aspx?cite=64.04.050

RCW 64.04.050<http://app.leg.wa.gov/RCW/default.aspx?cite=64.04.050>
Quitclaim deed—Form and effect.
Quitclaim deeds may be in substance in the following form:
The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or names) all interest in the following described real estate (here insert description), situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., (year) . . . .
Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a good and sufficient conveyance, release and quitclaim to the grantee, his or her heirs and assigns in fee of all the then existing legal and equitable rights of the grantor in the premises therein described, but shall not extend to the after acquired title unless words are added expressing such intention.
[ 2016 c 202 § 39;<http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2359-S.SL.pdf?cite=2016%20c%20202%20%C2%A7%2039;> 2012 c 117 § 188;<http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/Senate/6095.SL.pdf?cite=2012%20c%20117%20%C2%A7%20188;> 1929 c 33 § 11;<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1929c33.pdf?cite=1929%20c%2033%20%C2%A7%2011;> RRS § 10554. Prior: 1886 p 178 § 5.<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1886%20p%20178%20%C2%A7%205.>]

At common law, a critical issue in interpreting a deed was finding a clear, present, intent to convey. Some word such as "convey," "grant," "assign and set over," or "transfer" was essential. See 23 Am.Jur.2d Deeds Sec. 35. That wasn't actually necessary for a quitclaim, which historically was merely a transfer of a person's interest in land whatever it may be, and not the land itself. (Sounds philosophical to the point of obscurity to me, but there it is.) The phrase for quitclaims was "remise, release, and quitclaim." According to AmJur, there is a considerable body of common law decisions in the U.S. that make hay out of the difference between "words of grant" in a deed that would convey land, versus "words of release" that convey the grantor's interest in the land and not the land itself.

So, I think that, if an instrument does not clearly invoke the statutory form by using the words "convey and quitclaim," then it would be interpreted under common law of deeds and perhaps would not be considered a conveyance of land but only a release of interest? Arguably the word "quitclaim" is sufficient but the use of the specific word "convey" in virtually all deeds is so thoroughly embedded into Washington law I can understand getting pushback from a title company.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Tuesday, July 7, 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

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