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Idaho Code § 55-813 (2012) defines conveyance as "every instrument in writing by which any estate or interest in real property is created, alienated, mortgaged or encumbered, or by which the title to any real property may be affected, except wills." A quit claim deed is a conveyance that only transfers the grantor’s interest, if any, in a parcel of land, with no covenants of title for the grantee. There is, however, an expectation of good faith on the grantor’s part that he/she is free to convey the land. I. C. § 55-601 governs conveyances of real property within the state, but does not contain a statutory form that may be modified to fit different uses. So, be certain to include the required information, but verify that the correct language appears in the text of the quit claim deed. For example, I. C. § 55-612 explains that the word "grant" implies warranties of clear title, creating potential conflict between the intent of the quit claim deed and its actual construction. As such, "grant" should not appear in quit claim deeds. In general, a correctly executed and recorded quit claim deed offers no protection for the grantee against a future claim.
Idaho Statutes |
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