Does a quitclaim deed guarantee title?

No. A quitclaim deed conveys only the grantor’s present interest without warranties. It does not insure against unknown prior defects in title, and buyers may rely on title insurance for protection.

Is a notary always required?

Yes. Most states require notary acknowledgment for deeds to be accepted for recording; the notary block must follow state-prescribed language to avoid rejection by the county recorder.

Should I attach a survey or exhibit?

Yes. Attaching a survey or sketch clarifies the area cured and greatly reduces later disputes; many counties and title insurers expect a clear exhibit referencing the encroachment.

Will a recorded quitclaim affect mortgages?

Possibly. Lenders may require notice or consent when an encroachment cure could alter collateral; check mortgage terms and obtain lender approval when required.

Can this deed be signed electronically?

Yes where permitted by state law and recorder rules; ensure the ESIGN/UETA 4-prong validity tests are met, use appropriate signer authentication, and follow county acceptance policies for electronic or paper recording.

When is attorney review recommended?

If encroachment stems from litigation, affects easements, or conflicts with mortgage interests, consult counsel to draft settlement language or combine the deed with indemnities and recorded agreements.

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Quitclaim Deed Curing Encroachment

Quitclaim Deed Curing Encroachment

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QUITCLAIM DEED FORM

This document prepared by (and after recording return to):

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

Property Appraiser Parcel Identification Number =

QUITCLAIM DEED

(Individual to an Individual)

THIS QUITCLAIM DEED, made the day of , by , an Individual, hereinafter referred to as “Grantor", to , an Individual, hereinafter called "Grantee.”

Whereas, Grantee has erected a building and owns property on his land located at
state, zip code), and bounded on the by land of Grantor, and it has been found that a portion of the building located on said land of Grantee is standing on the land of Grantor;

Witnesseth, that the Grantor, for and in consideration of the sum of ten dollars ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, and quitclaim unto Grantee all right and title as Grantor has in or to a certain piece or strip of land about inches in width, more or less, together with all improvements located thereon, lying in the County of, State of Florida, to-wit: as follows:

(insert legal description)

This agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties.

Prior instrument reference: Book Page , Document No. of the Recorder of County, Florida.

LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantor, if any, which are reserved by Grantor.

SUBJECT to restrictions, reservations, easements, and covenants of record, reference hereto will not serve to reimpose the same.

TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantees forever.

Taxes for tax year shall be prorated between Grantor and Grantee as of the date selected by Grantor and Grantee.

The property herein conveyed is is not a part of the homestead of Grantor.

WITNESS Grantor's hand this the day of ,

Signed, Sealed and Delivered

in the presence of these Witnesses

(one of whom may be the Notary):

Sign:

Witness Signature

Printed Name

Grantor

Printed Name

Sign:

Witness Signature

Printed Name

Grantor

Printed Name

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this (date), by

(name(s)), who is personally known to me or who has produced

(type of identification) as identification.

Notary Public

Printed Name:

My Commission Expires:

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

What a Quitclaim Deed Curing Encroachment Does

A Quitclaim Deed Curing Encroachment is a short-form real estate instrument used to transfer any interest the grantor holds in a parcel to resolve a boundary or encroachment issue. It conveys only the grantor’s present interest without warranties, clarifies title between adjacent owners, and is typically paired with a survey or exhibit showing the encroachment. The document is notarized and recorded in the county land records to provide public notice and reduce the risk of future disputes over that portion of the property.

Why use a Quitclaim Deed to Cure Encroachment

This deed quickly transfers whatever interest the grantor has to resolve boundary encroachments, clear title issues, and document agreement between neighbors or parties without a full warranty deed.

Typical parties who prepare or sign this deed

Use depends on the legal objective — clearing title, documenting a boundary concession, or settling a dispute — and may require counsel for complex title issues.

Property owners resolving a fence, driveway, or structure that crosses a recorded boundary line.
Title companies or closing agents clearing a minor title cloud to permit loan closing or insurance.
Attorneys or surveyors facilitating settlement of a boundary dispute or quiet-title negotiation.

Who Can Sign and Their Roles

Grantor — Property Owner

The grantor is the person or entity conveying their interest via the quitclaim deed. They must have authority over the property, sign the deed in the presence of a notary, and provide a legal description or exhibit showing the encroachment area.

Title Agent — Closing Representative

A title agent or escrow officer often prepares recording copies, confirms the legal description and encumbrances, and may require a survey or affidavit before accepting the deed for recording to ensure the encroachment cure is properly documented.

Essential document and security elements to include

Legal Description: Complete parcel metes/bounds

Grantor/Grantee: Full legal names and capacities

Consideration: Amount or nominal value stated

Notary Acknowledgement: State-compliant notary block

Recording Block: County recorder entry space

Exhibit / Survey: Survey map or sketch attached

Step-by-step: Completing the Quitclaim Deed Curing Encroachment

Follow these steps to prepare, sign, and record a deed that addresses an encroachment.

01

Prepare Deed: Draft with full legal description and encroachment exhibit.
02

Identify Parties: Use exact legal names and capacities for grantor and grantee.
03

Notarize: Sign before a notary public in required format.
04

Record: Submit original to county recorder and retain copies.

Where and how the deed is delivered and recorded

Routing steps for finalizing a quitclaim deed curing an encroachment.

Prepare Recording Copy: Create an original suitable for recorder acceptance.
Notary Execution: Sign in notary presence as required by state law.
County Recorder: File original with county land records office.
Title Notice: Provide recorded copy to title insurer or lender.

Configuring a digital workflow for this deed

Key settings for a compliant online signing and recording workflow.

Field	Configuration
Signature Authentication	Use email + SMS code or stronger KBA for identity assurance
Notary Field	Include dedicated notary acknowledgement and signature blocks
Exhibit Attachment	Attach survey PDF and require attachment before finalizing
Recording Copy Flag	Mark a PDF as original for county recorder submission

Distribution and submission channels for the deed

Retain the recorded original and deliver certified copies to affected parties and the title insurer for long-term file integrity.

Email Signing Link: Send secure link to each signer for remote completion
In-person Notarization: Complete notarization prior to submission to recorder
System Integrations: Connect with title software or cloud storage for records

Core elements every Quitclaim Deed Curing Encroachment should include

A professional deed combines clear parties, a precise legal description, and supporting exhibits to make the encroachment cure effective and recordable.

Grantor/Grantee

Full legal names with capacities (individual, trustee, LLC) and contact information to identify who transfers and who receives the interest.

Legal Description

Complete metes-and-bounds description or recorded parcel identifier that ties the deed to the exact parcel in county records.

Recital of Encroachment

Clear statement describing the encroachment, its location, and how the deed resolves or acknowledges the encroachment between the parties.

Consideration

Monetary amount, nominal consideration, or other exchange describing why the transfer occurs; avoids ambiguity about the transaction’s validity.

Notary Acknowledgement

State-specific acknowledgment language, notary signature, and commission details to satisfy recorder requirements for acceptance.

Exhibit / Survey

Attached survey or sketch labeled as an exhibit showing the encroachment, scale, and reference points so the record is self-explanatory.

Common mistakes that delay recording or leave title problems unresolved

Using an incomplete or inaccurate legal description that makes the deed unrecordable or ambiguous in the land records.
Failing to attach or reference a survey exhibit, which can leave the encroachment location unclear to the recorder or title insurer.
Omitting notary acknowledgment or using incorrect notary language for the state, causing rejection at the county recorder.
Not checking for mortgages or liens; the encroachment cure may not affect underlying encumbrances without lender consent.

Risks and legal consequences of an incorrect deed

Title Clouded: Recording errors impair marketable title

Boundary Dispute: Dispute persists without precise exhibit

Recording Rejection: County may refuse flawed documents

Lender Issues: Mortgagee consent may be required

Tax Reporting: Incorrect consideration affects tax reporting

Future Litigation: Ambiguity increases litigation risk

eSignature plan comparison for handling deed workflows

Pricing and feature highlights for common eSignature vendors used to collect signatures and maintain an audit trail for recording documents.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no credit card	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

FAQs: Common questions about Quitclaim Deeds Curing Encroachment

Answers to frequent operational and legal questions when preparing, signing, and recording these deeds.

Need help? Contact support

Does a quitclaim deed guarantee title?
No. A quitclaim deed conveys only the grantor’s present interest without warranties. It does not insure against unknown prior defects in title, and buyers may rely on title insurance for protection.
Is a notary always required?
Yes. Most states require notary acknowledgment for deeds to be accepted for recording; the notary block must follow state-prescribed language to avoid rejection by the county recorder.
Should I attach a survey or exhibit?
Yes. Attaching a survey or sketch clarifies the area cured and greatly reduces later disputes; many counties and title insurers expect a clear exhibit referencing the encroachment.
Will a recorded quitclaim affect mortgages?
Possibly. Lenders may require notice or consent when an encroachment cure could alter collateral; check mortgage terms and obtain lender approval when required.
Can this deed be signed electronically?
Yes where permitted by state law and recorder rules; ensure the ESIGN/UETA 4-prong validity tests are met, use appropriate signer authentication, and follow county acceptance policies for electronic or paper recording.
When is attorney review recommended?
If encroachment stems from litigation, affects easements, or conflicts with mortgage interests, consult counsel to draft settlement language or combine the deed with indemnities and recorded agreements.

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