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In North Carolina, a quitclaim deed:

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Question & Answer

Review the question and all answer choices

A

Provides full warranties

Option A describes a general warranty deed, not a quitclaim deed — a general warranty deed contains covenants where the grantor warrants title against all claims, both before and during the grantor's ownership, which is the opposite of what a quitclaim deed provides.

B

Transfers whatever interest the grantor has without warranties

Correct Answer
C

Is not recognized

Option C is entirely false — North Carolina fully recognizes quitclaim deeds as valid instruments of conveyance, and they are commonly used in the state for intra-family transfers, divorce settlements, and title-clearing purposes.

D

Requires court approval

Option D is incorrect because quitclaim deeds in North Carolina do not require court approval; they are private instruments executed by the grantor and recorded with the county Register of Deeds like any other deed, without judicial oversight.

Why is this correct?

Option B is correct because North Carolina law, consistent with general common law deed principles, recognizes that a quitclaim deed conveys whatever interest the grantor holds at the time of transfer without any covenants of warranty, meaning the grantor is not promising that the title is good, clear, or unencumbered. Under N.C. Gen. Stat. § 47-17 and related statutes governing conveyances, a deed's operative words determine the warranty level, and a quitclaim deed intentionally omits all warranty language. This protects the grantor from future liability while still effectuating a valid legal transfer of whatever interest exists.

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