What is the difference between a quitclaim deed and a general warranty deed?
The difference is the grantor's promise. In Virginia, the words "with general warranty" in a deed's granting clause bind the grantor and his heirs to defend the property against the claims of all persons. Words of release are construed instead as a quitclaim of all the grantor's right, title and interest, without those warranty words. Both are instruments the clerk records in the deed book.
Three words in one deed, a sentence of release in the other
Put two deeds to the same tract side by side and read only the granting clause, the part where the grantor actually conveys. One adds "with general warranty". The other says the grantor releases to the grantee all his claims upon the lands. Everything else that separates the two follows from those words.
Virginia's Code does the translating. Under Va. Code 55.1-356, the words with general warranty in the granting part of a deed are deemed a covenant that the grantor will warrant the property generally. Va. Code 55.1-354 then gives that covenant its effect, a promise to warrant and defend the property "against the claims and demands of all persons."
The release side works the same way, through a different section. Under Va. Code 55.1-363, a deed saying the grantor releases to the grantee all his claims upon the lands is construed as if the grantor had quitclaimed to the grantee "all right, title, and interest whatsoever, both at law and in equity". That section describes what the grantor lets go of. The promise to defend lives in the warranty sections, 55.1-354 and 55.1-355, and it attaches to warranty words that the statute's release wording does not contain.
Between the two sits the special warranty deed, where the words with special warranty limit the promise to claims of the grantor and persons claiming by, through or under the grantor. A deed can also use the words with English covenants of title, which import a separate set of covenants listed in Va. Code 55.1-356 by reference; what those covenants say is outside this page.
Promise, recording and purchaser protection, one line at a time
A common misreading of quitclaim deeds assumes that a weaker promise means a weaker document in every respect. The statutes separate the promise from the rest.
| General warranty deed | Quitclaim deed | |
|---|---|---|
| Words that create it | "With general warranty" in the granting clause | Words releasing the grantor's claims upon the lands |
| What the grantor gives | The property, with a covenant to defend it | All the grantor's right, title and interest, at law and in equity |
| Whose claims the promise covers | The claims and demands of all persons | The release wording does not use the warranty words that 55.1-356 turns into a covenant |
| Recorded in the deed book | Yes | Yes, quitclaim deeds are named among deed book instruments |
Two of those rows are worth reading twice. First, Va. Code 17.1-227 names quitclaim deeds among the instruments recorded in the deed book, so a quitclaim is indexed and found in the land records like any other deed. Second, Va. Code 55.1-407 keeps the quitclaim form, by itself, from costing the grantee the standing of a purchaser for value without notice.
The record carries a great deal of weight whichever deed is used, which is why recording and indexing get their own treatment in what a Virginia deed does.
A general warranty promise also does not make the grantor's title better than it is. It gives the grantee a covenant to rely on if a claim comes. A quitclaim passes what the grantor holds, and the grantee's view of how much that is has to come from somewhere other than the deed. The glossary entry on the quitclaim deed keeps the definition short.
Where the warranty stops and other protection takes over
The deed's promise is not the only thing that can stand behind a buyer's title.
A warranty is a promise from a person. Title insurance on land is a policy from an insurer, covering losses from covered title problems that arose before the insured took title, within its exclusions and exceptions. The two answer different questions, and a buyer may have one, both or neither.
One more instrument gets confused with these. A deed of trust is recorded in the same deed book but does a different job: it secures a debt against the land, and after the debt is paid the lien creditor issues a certificate of satisfaction. It is not a way of conveying the land to a buyer.
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Questions this raises
Can a quitclaim deed be recorded in Virginia?
Yes. Va. Code 17.1-227 lists quitclaim deeds among the instruments recorded in the deed book, alongside deeds, deeds of trust and certificates of satisfaction, once acknowledged as the law requires. Recording is handled by the clerk of the circuit court for the county or city where the land lies.
Does a special warranty deed promise less than a general warranty deed?
Its promise covers fewer claims. Under Va. Code 55.1-355, a special warranty defends the property only against the claims of the grantor and persons claiming by, through or under the grantor. A general warranty under 55.1-354 defends against the claims and demands of all persons. Which one a sale should use is a question for the attorney preparing the deed.
Where this page's facts come from
Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.
- Va. Code 55.1-356, words of general and special warranty and English covenants of title Virginia General Assembly
- Va. Code 55.1-354, covenant of general warranty Virginia General Assembly
- Va. Code 55.1-355, covenant of special warranty Virginia General Assembly
- Va. Code 55.1-363, words of release construed as a quitclaim Virginia General Assembly
- Va. Code 55.1-407, recording and notice to purchasers Virginia General Assembly
- Va. Code 17.1-227, the deed book Virginia General Assembly
- Va. Code 55.1-101, conveyance only by deed or will Virginia General Assembly
- Va. Code 55.1-300, form of deeds Virginia General Assembly
- Va. Code 55.1-339, certificates of satisfaction Virginia General Assembly
- Virginia Title Insurance Guide State Corporation Commission, Bureau of Insurance