![]() The current owner guarantees good title-subject to no outstanding liens, taxes, or other encumbrances-and agrees to take responsibility for any title problems. Arkansas General Warranty DeedĪn Arkansas general warranty deed form-also called simply warranty deed-transfers ownership of real estate with complete warranty of title. Arkansas recognizes other deed forms that limit the new owner’s exposure to financial losses caused by title problems by placing the risk or part of the risk on the current owner. It puts all risk of title problems on the new owner. How do Arkansas Quitclaim Deed Forms Relate to Other Forms of Deeds?Īn Arkansas quitclaim deed form provides no warranty of title. ![]() 11 A quitclaim deed without covenant allows transfers with no covenants of title in those states. A small number of states imply one or more covenants of title in ordinary quitclaim deeds. These terms avoid chain-of-title issues make it easier to get title insurance in states that don’t use the name quitclaim deed. Lawyers in some states call a deed transferring property without covenants of title a no-warranty deed or deed without warranty. No-warranty deed or deed without warranty.For example, it can describe a deed releasing partial rights from a co-owner to the other co-owner or a deed resolving a boundary dispute. 9 Some states use release deed for deeds under which an owner releases an interest to another person. A release deed in Arkansas is usually a document releasing a lien or deed of trust against the property. 8 Other states also use the following terms for deeds with the same function as an Arkansas quitclaim deed. 7 Quitclaim deeds often use the word quitclaim as a verb when describing the transfer. 6 Quit-claim deed and quit claim deed are also proper spellings. Other Names for an Arkansas Quitclaim Deed FormĪrkansas courts and statutes favor the name quitclaim deed for deeds that transfer real estate with no covenants or warranty of title. The deed is neutral-transferring title effectively as is and placing the risk of title problems on the new owner. ![]() 5 A quitclaim deed by itself does not imply that there are problems with the property’s title. The transferee acquires whatever interest the transferor possesses but has no recourse under the deed if the interest is imperfect or nonexistent. ![]() However-because a quitclaim deed has no covenants or warranty of title-the transferor does not promise that the transferee will actually receive good, clear title to the property. 4 Warranty of Title and Arkansas Quitclaim DeedsĪn Arkansas quitclaim deed has the same capacity to transfer title to real estate as Arkansas’ other deed forms. Title problems could include liens, errors in earlier documents that raise doubts about the title’s validity, or absence of a legal right to physically access the real estate. The warranty of title protects the new owner by making the prior owner who gave the warranty legally responsible for problems with the property’s title. The current owner will accept responsibility for any title problems that happen to arise. The new owner’s possession of the property will not be disturbed by legal claims of third parties. The property is subject to no liens, mortgages, assessments, or other encumbrances not disclosed in the deed. The current owner has the legal right to transfer the property. The current owner holds good title to the property. An Arkansas deed with general warranty of title includes the following covenants of title from the current owner who signs the deed: The warranty is typically made of several legal promises called covenants of title. Warranty of title is a guarantee-made by a property owner signing a deed-that the deed transfers good, clear title to the property. The current owner, though, makes no promises about the status or existence of the transferred interest. 1 The new owner (the grantee) receives whatever ownership interest, if any, the current owner (the grantor) can legally transfer. The distinguishing feature of quitclaim deeds is that they transfer the current owner’s interest with no warranty or covenants of title. Just complete a user-friendly interview and get a customized deed that is attorney-designed to meet Arkansas recording requirements.Īn Arkansas quitclaim deed is one of three deed forms Arkansas recognizes for transferring real estate during the owner’s life. Our deed creation software makes it easy. Need to create an Arkansas quitclaim deed?
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