Legal Question in Real Estate Law in Virginia
What is the statute of limitations for a quit claim deed in Virginia?
2 Answers from Attorneys
I know of no such limitation as applicable to a quitclaim deed.
Yes, I don't think you are asking exactly what you are thinking.
A quit claim deed is a deed from an old owner to a new owner in which the old owner MAKES NO PROMISES OR WARRANTY OR CLAIMS of any kind.
The old owner says "Whatever rights I have, I give to you the new owner."
The old owner is making no promises at all in the quit claim deed.
This is very different from the more normal, more frequent "WARRANTY DEED" which (as the name suggests) includes a number of "Warranties" promising various things about the property.
Now, the important question is what would the lawsuit be about with regard to this quit claim deed?
Would there be some kind of FRAUD associated with the quitclaim deed or transfer? Would there be some unpaid debt?
Those may be SEPARATE questions and there may be a different statute of limitations for each such other question.
The statute of limitations for FRAUD is generally two years from teh date whent eh fraud happened or perhaps when ti was discovered or SHOULD have been discovered with reasonable diligence.
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