Quit Claim Deed

[toastnjelly4all]

What is the name of your state?What is the name of your state? washington

We were given a Quit Claim Deed in 1999 for a parcel of land, which includes a portion of a legally vacated street (legal vacation filed in 1991). This area was overgrown with brush, briars, and small trees, and was totally unpassable for man or beast. Now the former owners claim they have an espressed, implied and reserved easement through our property on this vacated street. They do not need to cross our property to access theirs. There is no mention of any easement on this Quit Claim Deed. It is my understanding that when a person signs a Quit Claim Deed, they are giving all their interest in that property, if they have any, to the grantee. So, in essence, if they did have any easement rights, they were transferred in the conveyance. Am I correct?

 

[seniorjudge]

Was the vacated street mentioned on the deed?

In some states, even if the vacated adjacent street is not mentioned on the deed, it still goes with the land.

A visit to a local real estate attorney would be very beneficial to you.

 

[toastnjelly4all]

yes it is named on the deed

Yes, it is named on the deed. These people owned several blocks, and had all the (platted) streets abutting their property vacated formally, with the exception of the one street. That one street runs the entire length of the block they current own as well as all of the parcels they have sold; it is the access road for all those parcels. I will add, they sold some portions of these vacated streets by name for extra money. ie 65,000 for one 100 ft strip to a parcel with a view so the roadway would be owned privately. It seems to me that if a person is deeded a named vacated street, they own it.

 

[seniorjudge]

"...It seems to me that if a person is deeded a named vacated street, they own it...."

I agree.

 

[HomeGuru]

"...It seems to me that if a person is deeded a named vacated street, they own it...."

I agree.

**A: have an attorney review the legal description from the deed, specifically the reservations.