Rhode Island Quit Claim Deed Form
Once completed and filed, a Rhode Island Quit Claim Deed will establish in law the fact that one party (the “Grantor”) willingly chose to give their interest in a property to another party (the “Grantee”). If the Grantor was the sole titleholder, upon execution, the Grantee would subsequently become the sole titleholder. If, however, there are other unknown claims to the property title, this will result in substantial complications for all parties involved. To save themselves the trouble of dealing with conflicting claims, the Grantee should determine well in advance to executing the form whether or not there are any other claims to the property. This is particularly pertinent given that this type of Deed cannot offer any covenants of title nor warranties.
Laws (§ 34-11-17): Rhode Island General Laws, Title 34, “Property”
Delivery of conveyance sufficient to pass title (§ 34-11-4): Once the Deed has been completed and duly signed, it must be delivered by the Grantor or their attorney in order to pass title and interest.
Effect of a Quit Claim Deed (§ 34-11-17): This chapter spells out the effect a duly executed and recorded Quit Claim Deed will have in the state of Rhode Island.
Grantee’s name (§ 34-11-1.2): Every Quit Claim Deed should bear the Grantee’s name and their residence and/or post office address.
In writing (§ 34-11-1): All conveyances of land in the state, including those established by Quit Claim Deeds, must be in writing or they will be void.
Placement of names (§ 34-11-1.1): The names of the signatories must appear either immediately beneath or adjacent to their respective signatures. Failure to do so will result in a fine of two dollars ($2.00).
Statutory form (§ 34-11-11 and § 34-11-12(2)): The Rhode Island General Laws provide statutory forms for the main types of property deeds. These may be used and “altered as circumstances require.” The statutory form of a Quit Claim Deed is as follows:
of for consideration paid, grant to
of with quitclaim covenants, (description, and encumbrances, if any)
Witness hand this day of (Here add acknowledgment.)”
While a Quit Claim Deed does not usually have any covenants, § 34-11-18 states that use of the words “with quitclaim covenants” will effectively mean that the Grantor will:
“…Warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor.”
Therefore, if these covenants are not sought, this language should not be included in the form.
Signing requirements (§ 34-11-1.1): The Grantor of a Rhode Island Quit Claim Deed is legally obligated to sign it in the presence of a Notary Public.
How to file a Quit Claim Deed in Rhode Island (§ 34-13-1): It is a legal requirement for all Rhode Island Quit Claim Deeds to be recorded or filed by the town clerk or Recorder of Deeds (i.e., the Recorder’s Office). According to § 34-13-7, the fee for filing a Quit Claim Deed at the Recorder’s Office is eighty dollars ($80.00). § 34-13-9 states that Recording Offices will charge an additional fee of one dollar and fifty cents ($1.50) per page and three dollars ($3.00) for certifying copies.
§ 34-13-2 establishes Rhode Island as a state that follows a “notice recording statute” by stating the following words:
“A recording or filing under § 34-13-1 shall be constructive notice to all persons of the contents of instruments and other matters so recorded, so far as they are genuine.”
Simply put, in Rhode Island, recording or filing a Quit Claim Deed acts as constructive notice of the conveyance to all other parties who may require this information. If no notice is given about the Deed, the Grantee will lose their rights to the property if another party subsequently executes their conveyance for the same property. Needless to say, this party will also be required to record their conveyance so that they do not lose their rights to the property.