A quitclaim deed—also known as a quitclaim—is a deed that transfers whatever interest the grantor (purported owner) has in a piece of real property to the grantee (buyer)—but does not represent or warrant that the grantor’s title (ownership) is valid (that the grantor has any ownership interest in it) or free from liens or encumbrances.
A quitclaim deed only purports to convey the grantor’s present interest in the land (if any) and does not purport to convey the land itself. Thus, if the grantor were to acquire an interest in the land after executing (signing) a quitclaim deed, the grantor would retain that interest, as the grantor did not have it at the time the grantor executed the quitclaim deed.
In Hawaii, a quitclaim deed is a legal instrument used to transfer a grantor's rights, title, and interest in a property to a grantee, without any warranties of title. The grantor of a quitclaim deed in Hawaii does not guarantee that they hold valid ownership of the property or that the property is free from other claims, such as liens or encumbrances. This type of deed simply conveys whatever interest the grantor may have at the time of the transfer, which could be none at all. It is often used among family members or to clear up title issues. The grantee assumes the risk of potential defects in the title. If the grantor later acquires any interest in the property after the quitclaim deed has been executed, that interest remains with the grantor, as it was not included in the deed. It is important for grantees to understand the lack of protection provided by a quitclaim deed and to consider a title search or title insurance for greater security. As with any legal document affecting real estate, a quitclaim deed must be executed in accordance with Hawaii state law, including proper signing and notarization, and then recorded with the appropriate county's Bureau of Conveyances to provide notice of the transfer.