[APG Public List] Qutclaim puzzler
wncgen at yahoo.com
Thu Dec 9 19:58:25 MST 2010
I agree with Kathy. In a quitclaim deed, as I have learned, the owner of the
land relinquishes his own rights to the land, but does not guarantee a clear
title to the land. In other words, the seller is saying that he is giving a
clear title of his ownership, but cannot guarantee that there are no other
encumbrances held by others which would affect a clear title. I have seen this
done when the owners wanted to change the type of ownership they held, but could
not due to laws against selling land to oneself. The person chose a very
trusted person and sold the land to that person who turned around and sold it
back to them. As Kathy said, it was need to clear up a problem with the title
at times. It would be interesting to know the price of the land when she sold
to her cousin and the price when it was sold back to her. (I have seen several
lease-and-release deeds is SC where the price for the lease is one peppercorn.)
From: "Kathy Gunter Sullivan, CG" <sully1 at carolina.rr.com>
To: finleyc at sonoma.edu
Cc: apgpubliclist at apgen.org
Sent: Thu, December 9, 2010 8:28:03 PM
Subject: Re: [APG Public List] Qutclaim puzzler
I have similar examples in my research, and the background context also
puzzles me. Some instances I suspect--but have been unable to
confirm--are transactions intended to provide clear, "un-muddied' titles
to the real estate.
finleyc at sonoma.edu wrote:
> I do not know how to interpret some quitclaims. One, in particular, shows
> Lizzie Armstrong Jones, age 57, quitclaims her homestead in Cloverdale, CA
> to her cousin, Emma Flaugher, age 47, in June 1907. In December of that
> same year, Emma sells the same homestead back to Lizzie.
> Emma is shown as a member of Lizzie’s household in Cloverdale in 1910 and
> in 1920 census records.
> Lizzie also sells three lots in Guerneville to Emma in December 1907. Emma
> sells these back to Lizzie in three separate deals in subsequent years.
> Lizzie died in 1924.
> These may well be two separate questions, but why would Lizzie quitclaim
> her home to her cousin for a period of six months?
> Carmen Finley
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