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 Massachusetts, 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 does not guarantee that they actually own any interest in the property or that the title is clear of 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 commonly used among family members or to clear up title issues. Massachusetts law requires that a quitclaim deed be in writing, signed by the grantor, and notarized. Additionally, the deed must be recorded at the appropriate registry of deeds to put others on notice of the transfer. It's important for grantees to understand that a quitclaim deed offers the least amount of protection of any deed and they may want to perform due diligence, such as a title search, before accepting such a deed.