Unique Original Articles » Texas Land Deeds explained: the Quitclaim

Texas real estate law is complicated enough with many different types of land deeds . One of the most common misapprehensions that arise involve Quitclaim Deeds (which many people wrongly refer to as Quick Claim Deeds).


Quitclaim Deeds are practically worthless in Texas and are not, therefore, what many people consider to be a simple, cost-effective means of selling Texas land or Texas real estate.


According to the court definition a Quitclaim Deed is:


"A quitclaim deed conveys any title, interest, or claim of the grantor in the real property, but it does not profess that the title is valid nor does it contain any warranty or covenants of title. Thus, a quitclaim deed does not establish title in the person holding the deed, but merely passes whatever interest the grantor has in the property." Diversified, Inc. v. Hall, 23 S.W.3d 403 (Tex. App.--Houston [1st Dist.] 2000, pet. denied).

In plain English a Quitclaim Deed says that the person who has signed it does not promise that he does not hold any interest on the land but if he does he surrenders it. When you compare this kind of vague ‘promise’ with a Warranty Deed where the seller: "grants, sells and conveys the property to the buyer ... to have and to hold it ... forever, and binds seller and seller's heirs to warrant and forever defend the property to the buyer." and you begin to get the idea of why it would be unwise to accept a Quitclaim Deed without expert legal advice.

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