Legal Question in Real Estate Law in California
once a property is quitclaimed to me can the grantor take it back?
1 Answer from Attorneys
No, but this one-word answer deserves a little explanation.
First, just about any transaction can be un-done or declared void from the outset by a court if fraud is found.
Second, deeds do their work upon delivery to the grantee. If a deed is never delivered during the lifetimes of the grantor and grantee, it becomes void. Delivery to the grantee's agent, or recording the deed, is usually effective to constitute delivery. Of course, the usual form of delivery is to just hand it to the grantee upon signature.
Third, to be extremely technical, a quitclaim deed doesn't have a grantor and a grantee, because in quitclaiming, one doesn't make a "grant" - this implies warranties and there are none with a quitclaim. However, use of these terms is both commonplace and convenient.
Fourth, receiving a deed is a little like getting pregnant. The transfer takes place on the spot at the time of delivery, and cannot be un-done by tearing up the deed, even if both parties have changed their minds and want to un-do the transfer. The transfer can be un-done only by deeding the property back by a second instrument (quitclaim deed, etc.).
Fifth, deeds are effective only to convey the interest described therein. If the property description in the deed is incorrect, the deed may convey nothing at all, or it may convey the wrong property, or the wrong interest. If you want to convey Blackacre and you write in Whiteacre, you will convey Whiteacre, but only if you own it now or acquire it in the future. If you want to convey a 50% interest but write in 30% or 60%, you'll convey what you wrote, if you owned that much. I mention this because amateurs often muff the legal description and/or the statement of the interest they are granting (or quitclaiming).
Sixth and finally, deeds should be notarized and recorded, because this gives "notice to the World" of the transaction and prevents confusion about who holds title and since when. However, a deed is valid between the parties to it, and those with actual or constructive notice of the deed, whether or not it is notarized and whether or not it is recorded.
I hope some of this extra explanation is helpful....but the basic concept is that a deed, once properly executed and delivered, is pretty much a final act, that can be un-done only by judgment of a court or the parties doing a consensual reversing transaction.
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