Loans, mortgage

Easements can be either positive or negative:

• Negative. A negative easement prevents or limits the property owner’s right to control or use his or her property with unlimited freedom. [For example, two townhouses are built adjacent to each other, and Townhouse A builds a sundeck on her roof to enjoy the sun. She can try to get an easement against her neighbor in Townhouse B to prevent him from increasing his building height in any way that may significantly block her sunlight.]
• Positive. A positive easement allows an individual or group to use the property of another property owner. This use must be for a specific purpose. [For example, Laura owns a ten-acre lot next to the lake. She sells a three-acre portion by the road to Brad, but Brad's land is blocked from the lake by Laura's remaining seven acres. As part of the sales agreement, therefore, Brad gets an easement to use a small roadway through Laura's property to access the lake. Brad can only use that easement to access the lake; he cannot build a guest cottage or garage on it, because his easement use is limited.]

An easement is a legal encumbrance upon a property and its ownership. Easements affect both the title to the property and the property’s physical condition

The quitclaim deed accomplishes a simple conveyance of the grantor’s ownership interests or claims to ownership interest. The quitclaim deed offers no guarantee that the grantor actually possesses any ownership interest, let alone has the ability to convey title. In fact, the quitclaim normally only conveys the grantor’s current interest, if any, and not the property itself.

If the grantor’s purported interest are false or invalid, no ownership interests or property are conveyed. Also, if the grantor gains ownership interest after the quitclaim deed is conveyed, that ownership interest remains with the grantor and is not covered by the outdated quitclaim
deed.

Quitclaims are often used in corrective or simple situations. For example, if the title erroneously lists the ownership as Susan Jones (instead of Suzanna Jones) Suzanna can record a

quitclaim deed with the correct spelling. Another example is if Quincy helped his daughter Paula buy a house, and then Quincy wanted to remove his name from the title, he can issue a quitclaim deed that would remove him from the title.

Quitclaims are also recommended if the grantor (seller) is unsure about the quality of the title he or she possesses. For example, if you obtained a property through a foreclosure sale or adverse possession, you may want to consider using a quitclaim deed when you sell it.