Legal Question in Real Estate Law in California

what does REMISE, RELEASE AND FOREVER QUITCLAIM TO means?


Asked on 10/17/09, 2:29 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is the typical language of a quitclaim deed and what makes it different from a grant deed, in which there are a grantor and a grantee and the former "grants unto" the latter.

They had to come up with something to distinguish where a person is merely "quitting his claim" to the property from where the person was making a grant -- so someone centuries ago decided that what a person quitting his claim was doing was remising, releasing and quitclaiming.

"Remise" means "to give, grant, or release a claim to; to surrender or hand over by deed"

The three words when taken together show that the instrument is a quitclaim deed rather than a grant deed, and the person doing the remising, etc. is giving up any claim of ownership to the other party, without any representation or warranty that he in fact has any interest in the property.

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Answered on 10/17/09, 5:01 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Are you giving away your real estate or is someone giving you their's? Contact me directly.

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Answered on 10/19/09, 7:19 pm


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