Understanding Seisin and Quitclaim clauses

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Real estate law is often made up of complex concepts that require a lot of careful understanding to grasp fully. For example, seisin and quitclaim clauses are among the trickiest ideas to fully understand. If you’re having a hard time with these ideas even after reading this informative article, you may want to contact Dickson Frohlich Law Firm to get the help needed to sort through this confusion.

Understanding Seisin Clauses

Seisin is an old legal term that has existed since the early feudal days in Europe. It is used to indicate a person who comes into possession of a piece of land or other property after a person has passed away. Most of the time, this term is used in the possession of the land, such as a large piece of farming ground, property with a home on it, various types of commercial real estate, and many other types of property.

There are traditionally two types of seisin utilized in the US legal system. The first of these is seisin in law. This type of seisin occurs when a person goes to a spot that can see the parcel of land in question and declares that they have taken control of the property. Seisin of this type was more common in feudal times when land ownership was usually handled by kings, knights, and other regal individuals.

In modern times, seisin in law is considered incomplete and needs the second element, seisin, to be legal. This concept occurs when the person receiving the land enters onto the property, and it is handed over to them for ownership. In modern terms, this concept is usually handled via wills, various types of end-of-life paperwork, and other legal ideas, rather than literally “entering” the property.

And a seisin clause is any element within this paperwork that handles seisin control or names an individual as the seisin of a piece of property. It is considered a promise that the individual who has this right will own the land and convey a title. They also get the property’s deed without other liens or restrictions, depending on the clauses’ nature.

Clauses of many types exist, including a warranty deed (a promise that a grantor can sell a parcel of land), present covenant (shows that the buyer has the right to sell), future covenant (the right for the buyer and heirs to assign the property), and more. Seisin is often a complex legal concept that requires the help of a great lawyer who can sort through the confusion that it may cause.

What is a Quitclaim Clause?

A quitclaim is a type of deed that exists to show that the seller is interested in buying a piece of property. It does not have any warranties of title, meaning that they are often a faster way of transferring a piece of property to a new owner. For example, a seller can use a quitclaim deed to the buyer to transfer the interest to the buyer. However, a quitclaim deed must be given by the property owner.

That’s because a quitclaim given by another person, such as a realtor without permission from the seller, is meaningless. The quitclaim does not transfer any covenants between the seller and the buyer in this instance. As a result, this type of deed transfer can also be somewhat problematic for many buyers and sellers, meaning they may not be regularly used as other options.

In this way, the quitclaim is something of an old-fashioned transference method that was more commonly used when real estate deals were most often executed between just two parties. For instance, a quitclaim in the old west was very common because it immediately transferred the title and allowed the buyer to move onto the property and the seller to move off.  In modern times, though, the quitclaim and its many clauses can adjust a title that may have errors.

For instance, if a title has the wrong name on it (even a slight misspelling), a quitclaim clause may allow the seller to change ownership without going through complex legal methods. It can also cut down on the time for property transfers between a single owner and buyer, decreasing legal complexities. By extension, a quitclaim clause is any clause on a deed that allows for this type of transfer or a clause within the quitclaim itself.

These clauses often dictate the terms of the transfer or any steps that must be taken to make them binding. The details included here will vary on a deal-by-deal basis, making it very important for owners to read through these elements and figure out how they may affect them financially and legally.

For instance, property ownership must be firmly established by a quitclaim clause to ensure that property transfer is smooth and without error.

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