Can a judge nullify a quit claim deed?

Answer 1

A quitclaim deed is how a person disclaims any interest the they may have in a piece of property and passes that claim to another person.

A real covenant is a legal obligation imposed (in the deeds of the property) by the seller upon the buyer of property to do or not to do something. The obligations are normally enforceable on subsequent owners of the property.

Thus a quit claim deed will pass on the covenant associated with the property and it is possible that situations could arise where this could cause problems.

Answer 2

Yes, a judge can declare a deed null and void under certain circumstances such as an owner executing a deed to avoid creditors, fraud by one of the parties to the deed, undue influence or forgery.

Answer 3

If a deed contains errors that are so serious that it cannot convey an interest in real property then that deed is a nullity and will be ignored by professionals who are examining the status of the title. Example of such serious errors would be if the grantor on that deed didn't own the land or if there was no description of any property or title reference on the face of the deed.

However, declaring a deed void is not done lightly. An expert must review the deed to make certain it does not convey any interest in the property. Sometimes a deed contains errors that cause a defect in the title and an attorney who specializes in real estate, or a judge, needs to clear the title.

A valid quitclaim deed cannot be "undone" without a court order. If the deed is valid the property has been conveyed to a new owner. The only way to get the land back is to get the new owner to convey their interest back to the former owner by a quitclaim deed.

Answer 4

The answer depends on the nature of the covenants. Most covenants run with the land and simply pass along with the title to the property when the title is transferred by a deed. It doesn't matter whether there is a warranty or a quitclaim deed. The covenants can include an agreement not to block a scenic view or not to remove certain trees that act as a buffer.

However, there may be other certain covenants that the grantee agreed to as part of the transfer of title. For example, the grantee may have agreed to replace a water pipe to an abutting parcel, build a retaining wall or enclose the entire property with a fence. If the grantee failed to honor that agreement the grantor may seek to have that deed invalidated. You would need legal advice particular to your situation and jurisdiction.