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 Louisiana, a quitclaim deed is not commonly used or recognized in the same way it is in other states. Louisiana law does not have a statutory provision for quitclaim deeds, and the state's legal system, which is based on the Napoleonic Code, differs from the common law system in place in other states. Instead, Louisiana uses 'act of sale' or 'cash sale' documents to transfer property ownership. These documents warrant that the seller has the right to sell the property and that the property is free from encumbrances, which is a significant difference from the quitclaim deed's lack of warranties. It's important to note that in Louisiana, any transfer of real property must be in writing and should be recorded in the parish where the property is located to provide notice to third parties. If someone in Louisiana is looking to transfer property without any warranty as to title, they would typically use an 'act of sale without warranty' or a similar instrument, not a quitclaim deed. As with any legal document affecting real property, it is advisable to consult with an attorney to ensure that the document accurately reflects the intentions of the parties and complies with Louisiana law.