A Rhode Island quitclaim deed is a legal document that transfers property ownership quickly without guaranteeing the title’s quality. This option is often used between close acquaintances, where trust is already established, and the need for warranties is minimal.
Most importantly, quitclaim deed documents do not protect the buyer against liens or other title defects. Essentially, the grantor is merely “quitting” their claim on the property and passing whatever ownership they may have, if any, without assurances. In Rhode Island, the specifics of executing this form of deed require the grantor’s (seller’s) signature, which must be notarized.
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The Rhode Island General Laws provide specific requirements for signing, recording, and language of quitclaim deeds.
According to Section 34-11-1.1, all parties involved in creating a quitclaim deed, including signatories and notaries, must have their names typed or printed next to or beneath their signatures. Although failing to meet this requirement does not invalidate the deed itself, it results in an additional recording fee of two dollars ($2.00).
Per Section 34-11-1, any conveyance of property, including those executed via a quitclaim deed, must be recorded to be effective against third parties. The deed must be recorded in the town or city where the property is located.
The statutory form for a quitclaim deed in Rhode Island, referred to in Section 34-11-12, includes the phrase “with quitclaim covenants.” This phrase implies that the grantor disclaims any warranty against the claims of others but promises to defend the title if claims are made by entities through the grantor.
Also, under Section 34-11-7, the use of words like “give,” “grant,” or “exchange” in any conveyance does not imply any covenant, warranty, or right of reentry.
As per Section 34-13-7, the general fee for recording a quitclaim deed in Rhode Island is $80.00. This fee applies to the first page of the document, with an additional charge of one dollar ($1.00) for each subsequent page.
These steps ensure the quitclaim deed is legally valid and efficiently transfers property rights in Rhode Island.
Complete the Quitclaim Deed Form
Start by filling out the quitclaim deed form with accurate details. You’ll need to include the full names and addresses of both the grantor (the person transferring the property) and the grantee (the recipient of the property). Specify the date and the consideration, which can be a dollar amount or a statement of “no cash consideration” if it’s a gift.
Provide a Legal Description of the Property
Attach a detailed legal description of the property. This typically includes the boundary lines, parcel number, and any relevant legal identifiers defining the parcel of land being transferred.
Signatures
Ensure that all parties involved sign the deed. According to the document template, the grantor(s) must sign the deed in the presence of witnesses. Each signature must be properly printed and titled to clarify the roles of the signatories. These details must be legible and correctly formatted to maintain the document’s legality.
Notarization
A notary public must acknowledge these signatures after the grantor(s) have signed the deed. The notary will confirm the signers’ identity and ensure they understand the nature of the document.
Recording the Deed
Once signed and notarized, the quitclaim deed must be recorded with the local city or town’s land records office where the property is located. Ensure all fees are paid in full to avoid document processing delays.