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Quitclaim deeds include no title of covenant and are therefore less comprehensive, providing the least amount of protection of all deed transfers. For this reason, quitclaim deeds are rarely used to transfer title between a buyer and seller of real property.
A quitclaim deed without covenant, by definition, has no express warranty or language giving rise to implied covenants of title. The new owner bears all risk of problems with the property's title and cannot sue for breach of warranty if title problems arise.
Negative covenants are actions you can't take, while positive covenants are actions you must take. For example, a negative covenant in real estate could prevent you from raising chickens on your property. On the other hand, a positive covenant could require you to mow your lawn.
A Maine quitclaim deed with covenant is a type of deed used to transfer real estate in the state of Maine. A quitclaim deed with covenant provides a limited guarantee of title, with the grantor only warranting against claims and encumbrances that arose during their ownership of the property.
There are up to six express covenants that may be found in a deed: the covenant of seisin, the covenant of the right to convey, the covenant against encumbrances, the covenant of quiet enjoyment, the covenant of general warranty, and the covenant of further assurances.