[WSBARP] Quitclaim Deed Question

[Eric Nelsen]

Party 1, the original Grantor. The "after-acquired title" phrase does not prevent a conveyance from the original grantee, Party 2, back to the original grantor. I think I saw a WA case on this, but can't find it on a quick search. 23 Am.Jur.2d Deeds sections 294-309 (1965) has a discussion that indicates, basically:

  1.  All traditional common-law deeds convey both title presently held by a grantor, and any title later acquired by the grantor. This is to ensure that, even if grantor's title is defective or grantor does not even own the property at the time, the grantor can't later use the defect or the lack of title to set up a claim against their own grantee.
  2.  The after-acquired title thing was classified conceptually as an "estoppel by deed," whereby a grantor who conveys property can't later claim an interest in the property against the grantee. The estoppel from making such a claim effectively transfers grantor's after-acquired title to the grantee.
  3.  Because the "after-acquired title" concept derives from estoppel, the doctrine does not apply in situations where estoppel doesn't make much sense, and grantor's after-acquired interest comes from a source that does not work an inequitable result against the grantee.
  4.  A "quitclaim" deed historically derives from a release of interest and not a common-law deed, so it "releases" (conveys) grantor's present interest only, and does not operate on after-acquired title unless it specifically so states. Our statute confirms this setup.
So, if the grantee affirmatively quitclaims back to the grantor, there's no reason to estop grantor from keeping the interest against any later claim by grantee. Similarly, if grantee sells the property to a third party, and then third party conveys to the original grantor, that also does not estop grantor from keeping the interest against any claim of the grantee.
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 Mark Anderson
Sent: Wednesday, December 29, 2021 11:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Quitclaim Deed Question

Dear Listmates:
This is just the sort of logic question that might appear on an LSAT.
Party 1 records a quitclaim deed to Property to Party 2, including the phrase "and all after-acquired title."  Sometime later, Party 2 records a quitclaim deed to that same Property back to Party 1, which deed also includes the phrase "and all after-acquired title."
Who holds title to the Property?
Mark B. Anderson
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