Legal Question in Real Estate Law in California

Quitclaim deed

Can a quitclaim deed be used to transfer all right and interest in the property described without naming a transferee? Such as a ditch company giving up thier easement rights over several properties by quitclaiming their interest alltogether without naming all of the tranferees or creating several quitcliam deeds.


Asked on 4/02/02, 7:09 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Quitclaim deed

No, it has to be deeded to someone, and that person has to accept the deed.

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Answered on 4/02/02, 7:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Quitclaim deed

In the case of an easement, this may be an effective means to relinquish and release the easement.

By their nature, easements usually affect two properties, the benefitted estate and the burdened estate. They also usually survive changes in ownership of the burdened property. Therefore, the easment holder may not know the identity of the owner of the burdened property, but is likely to know the legal description of the property, or at least the legal description of the easement itself upon that property.

An easement owner desiring to abandon or release the easement can do so in various ways. Any written instrument showing an intention to abandon or release will probably be legally sufficient. A quitclaim deed that does not specify a grantee, but which can be construed to evidence an intent to abandon or release an easement described therein, would almost certainly be upheld in California as effectively extinguishing the easement by conveying it back to the owner of the burdened estate, whether that owner is identified in the instrument or not, so long as the quitclaim is otherwise well drafted.

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Answered on 4/02/02, 7:51 pm
Victor Hobbs Victor E. Hobbs

Re: Quitclaim deed

There is real property law, and then there's title insurance law. I'd check with the title company to see what they'd want to see in the deed to be able to secure a title policy. This is after I'd have read the other answers.

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Answered on 4/02/02, 8:06 pm


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