A Maine quitclaim deed without covenant allows a property owner, also called a grantor, to convey real estate property to a recipient, called a grantee, without guarantee of title. A typical real estate deed warrants that the title is free and clear of liens, encumbrances, and other claims. With a quitclaim deed, the grantor releases their real estate interest but does not make any covenants about their ownership or the state of the title.
A property owner may use a quitclaim deed without covenant for any of the following purposes:
- To correct an error in the existing deed
- To convey property to an ex-spouse as part of a divorce proceeding
- To gift property to a family member
- To establish a joint tenancy with the right of survivorship
- To transfer the title to a living trust
Legal Framework
Maine quitclaim deed laws provide the language, usage, and effect of quitclaim deeds when transferring property or updating an existing recorded deed. Me. Stat. tit. 33 § 161 establishes the legal foundation for quitclaim deeds in Maine.
Quitclaim deeds can be created with or without covenants. A quitclaim deed with covenant provides a limited warranty for title defects that occurred during the grantor’s ownership. On the other hand, one without covenant provides no title or ownership warranty.
Legal Description
Per Me. Stat. tit. 33 § 651, a quitclaim deed must include a legal description of the conveyed real property. This description should include the city, town, or unincorporated location of the property.
For units of property, a deed’s property description must include the following per Me. Stat. tit. 33 § 570:
- Description of the land consistent with Me. Stat. tit. 33 § 569
- Date and record of declaration
- Identification number on the unit, along with floor plan references
- Percentage of undivided interest in common areas
You can usually pull the legal description from the property’s existing deed or title. If you pull the details from a recorded document, consider noting the source in your quitclaim deed for the sake of continuity.
Signing
All quitclaim deeds must be signed by the grantor in the presence of a notary, judge, or attorney licensed to practice in Maine, in accordance with Me. Stat. tit. 33 § 203. The deed must be signed in the presence of the notary, who will record, sign, and stamp their acknowledgment.
Per Me. Stat. tit. 33 651-A, the name of each signer must be printed or typed under their signature.
Terminology
Me. Stat. tit. 33 § 775(4) provides statutory language for quitclaim deeds used in real estate transactions. According to Me. Stat. tit. 33 § 761, the statutory language is not required. However, a quitclaim without covenants should incorporate terms like “quitclaim” and “release” rather than “grant” or “sell” to avoid implied warranty of title.
Additionally, a quitclaim deed should clarify that the property is released “without covenants” or use similar language to eliminate the grantor’s liability for ownership issues or title defects. Avoid terms that imply warranties or covenants.
Additional Documents
According to Me. Stat. tit. 33 § 173, the grantor must provide a property disclosure statement about the following:
- Water supply system
- Insulation
- Heating system or heating source
- Waste disposal system
- Hazardous materials
- Known defects
- Access to the property
Filing
Per Me. Stat. tit. 33 § 201, you must submit the fully executed quitclaim deed to the register of deeds in the county where the property is situated. Aroostook County, which encompasses most of northern Maine, has a northern and southern registry of deeds.
Validity Requirements
A quitclaim deed submitted for recording must meet the following formatting requirements per the Maine Registry of Deeds:
- Margin of 1 ¾ in. on top of first page
- Side margins of ¾ in. maximum
- Bottom margin of 1 ½ in. on last page
- Font size no smaller than 10-point Times New Roman
- Paper size no larger than 8 ½ in. x 14 in.
- Printed or typed in black ink on white paper, or the equivalent that can be reproduced legibly
- Adequate space for recording information, per Me. Stat. tit. 36 § 653
Some county registries may have different requirements, but these guidelines establish a standard that can be used across all. If you have questions about the formatting requirements in your county, contact your local register of deeds.
Content Requirements
The following information must be entered on a quitclaim deed to ensure appropriate indexing:
- Grantor’s full name (Me. Stat. tit. 36 § 653)
- Grantee’s full name and address (Me. Stat. tit. 33 § 456)
- Conveyance language (Me. Stat. tit. 33 § 775(4))
- Co-ownership details (Me. Stat. tit. 33 § 159)
Per Me. Stat. tit. 33 § 353-A, deeds do not have to include a statement of consideration to be valid. However, if consideration is exchanged, it is wise to include the amount in the deed to help with tax assessments and legal claims.
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed With No Covenants | Conveys property from the current property owner, or grantor, to the new owner, or grantee, without any warranty that the grantor owns the property free and clear of encumbrances. If issues arise regarding the title, the grantee cannot sue the grantor for associated losses. |
| Quitclaim Deed With Covenant | Also called a special warranty deed, this type of deed conveys property to the grantee with partial warranty. Typically the grantor warrants that no ownership or title issues arose during the time they owned the property. They do not warrant the title for any issues that may have existed beforehand. |
| General Warranty Deed | Conveys the real property to the grantee with a warranty that the title is free and clear of all liens and encumbrances. The grantee can sue the grantor for ownership or title issues that arise. |
| Title Insurance | If the grantee receives property through a Maine quitclaim deed, with or without covenants, they may opt to purchase title insurance to cover costs related to undisclosed title or ownership issues. |
| Estate-Planning Deeds | Estate-planning deeds such as transfer-on-death (TOD) and life estate deeds allow the property owner to transfer the property to a beneficiary when the owner dies. |
| Co-Ownership | Co-ownership such as joint tenancy with a right of survivorship allows the owner to transfer their interest in the real estate property to the other owner(s) upon their death without going through probate. |
