A Maine quitclaim deed with covenant, also known as a “special warranty deed,” transfers property from a grantor to a grantee with the partial covenant (a promise under seal) that the property title is clean. The grantor’s promise is partial because they only warrant that the title is free from encumbrances incurred during their time as the property owner.
If there are any leases, mortgages, or other claims from prior owners other than the grantor, the grantee may be held responsible for resolving these encumbrances when they become the title holder. Unresolved claims can greatly hinder the grantee’s ability to get approved for financing from a bank, so the grantee should practice due diligence before agreeing to receive property through a deed with limited covenants.
- Statutes: 33 §§ 765, 766
- Signing Requirements (§ 203): Notary Public
- Where to Record: Registry of Deeds
- Recording Fees (County Deeds Fee Schedule): $19 plus a $3 surcharge and $2 for each additional page.
Quitclaim Deed without Covenant – Conveys property without any assurance of the grantor’s right to transfer or that the title is clean.