Grant deeds vs. quitclaim deeds
The actual words of conveyance in a deed depend on whether the deed used is a:
- grant deed [See RPI Form 404]; or
- quitclaim deed. [See RPI Form 405]
A grant deed is used to pass a fee simple interest in real estate from the grantor to another individual, unless a lesser interest is stated in the deed.
While no precise words of conveyance are necessary, use of the word “grant” in the granting clause, without noting a lesser interest in the description of the property, indicates the conveyance of a fee simple interest in the described property. [See RPI Form 404]
Alternatively, a quitclaim deed is intended to convey whatever interest, if any, the grantor may hold in the real estate. The words of conveyance historically used in a quitclaim deed are “remise, release and otherwise quitclaim.” [See RPI Form 405]
However, only the word “quitclaim” is required as the word of conveyance. The word “grant” is not used in a quitclaim deed since no implied warranties are included with a conveyance under a quitclaim deed. However, the parties to a quitclaim deed are referred to as the “grantor” and the “grantee.”
