Legal Question in Real Estate Law in Indiana
Qiutclaim Deeds
Does a quitclaim deed give a person the rights to the personal property in a home or just the rights to the property itself (land and building only)?
2 Answers from Attorneys
Re: Qiutclaim Deeds
A quitclaim deed conveys only the interest of the person signing the deed to only the real estate described in the deed. It sometimes happens that the person issuing a quitclaim deed does not even own the real estate - has no title to it or has a mortage which exceeds the value of the property; and sometimes the real estate described in the quitclaim deed is not the same property you thought it was. Guess I have had too much experience with con men. Deeds can convey an interest in personal property - like furnishings - only if the personal property items are described in the deed. Rarely is personal property conveyed along with the real estate in a deed.
Re: Qiutclaim Deeds
The quitclaim deed by which you took title to certain real estate is just as effective for transfering ownership as a warranty deed, except it does not guarantee necessarily that the title is without defects and is usually an indication that there was no title insurance obtained when the property was deeded. It means you were not assured that there were no liens against the title. Generally a deed does not give title to personal property (the moveables) located on the property. If a contract preceded the deed and specified what personal property was to be left on the property at the time of sale, then that contract specifies what you now also own. If there was no contract and the property had previously been rented out and the tenant departed without removing his personal property, or the former owner left without making provision for its removal, you can assume the property is abandoned. If at the time of the deed, you were told that the property would be removed within a certain amount of time, then you should wait that period of time or give notice to the person you believe it belongs to to remove it within a week or 10 days and after that time assume it is abandoned. If the property has any real value, you ought to turn it over to the abandoned property department of your police department or to the State Attorney General for proper disposal.
But if you took title without any written contract and the property had been vacant before that and no one said anything about the contents, it would be just as proper to assume they were abandoned as to contact the prior owner or occupier to see if that person wants to come get the stuff.