Encroachment Quitclaim

You might choose to ignore an invasion if it is only producing a minor problem because it is not having a significant impact on the situation. But even if you don’t deal with encroachment problems in your day-to-day life, they can become a headache if you ever decide to sell your house. When you are trying to sell your home, title problems can arise if there has been encroachment on the land, which can make it difficult to determine where the property borders are. Before you can sell your home in many states, the property must first undergo a survey, during which any encroachment will be recorded. Although the unkempt bush or tree that hangs over your yard might not disturb you, the potential buyer of your property might find it annoying. Encroachment may not only make it more difficult for you to sell your home, but it also may reduce the amount of money you ultimately receive from the sale of the property.

Without specifying the type of the interest being released or making any representations as to the interest being released, a person’s interest in real property can be released with a quitclaim deed. Quitclaim deeds do not guarantee or state that the grantor actually owned the property they are transferring, but they do preclude the grantor (the former owner) from making a future claim to an interest in the property. Typical elements of a quitclaim deed are a description of the property, the names of the grantor and grantee, the date, and the notarized signatures of the grantor and grantee.

No representation is made in a quitclaim deed as to whether or not the grantor genuinely owns an interest in the property being conveyed. Therefore, when purchasing real estate with a quitclaim deed, the buyer assumes the risk that the grantee of the deed does not have a legitimate ownership stake and/or that there are other holding claims in the property. When a quitclaim deed is executed, no title insurance is given. Transfers of property between family members or friends are common examples of the non-commercial circumstances in which a quitclaim deed could be employed. Title changes are necessary when someone gets married, gets divorced, inherits property, transfers property into or out of a trust, establishes an easement, or otherwise alters the holder of a property’s title.

Having a right to an attorney to fill out or assist you with filling out a quit claim deed is highly suggested prior to signing the document. Final documentation, including the quit claim deed, is usually legally binding and cannot be withdrawn. However, if it can be demonstrated that you entered for dishonest reasons, the form can be canceled. Outsized influence is one of the legitimate grounds for cancellation. To exert undue influence means to take advantage of a person who is vulnerable, unwilling make decisions for themselves, or open to manipulation.