Warner Robins, GA asked in Real Estate Law for Georgia

Q: What is the statue of limitation in Georgia on a quick claim deed?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Cary, NC
  • Licensed in Georgia

A: Your question makes no sense.

There is no such thing as a "quick" claim deed. This is a mispronunciation of "quit" claim deed.

A quitclaim deed is a deed by which you transfer land to someone else - its usually used in transfers between family members (parents/children, husbands/wives or between heirs). Basically what it says is that the owner/grantor tells the grantee that "I don't know what i have but any interest that i have in x land is yours." For example, a parent dies leaving a tract of land to kids A & B. B does not want the land so "sells" his portion to A. A pays B money for what B's share of the land is worth and B gives A a quitclaim deed conveying B's share of the land to A.

There are no statutes of limitation on deeds so that part also does not make sense. What are you trying to do here? Are you trying to rescind the deed? If so, why? Was there some kind of fraud? When was the deed issued? Or perhaps you are trying to impose a constructive trust on the land for some other reason?

Statutes of limitation generally run from the date of the bad act or harm or where there has been some kind of fraudulent concealment possibly the discover of the fraud or bad act. Most statutes are 4-6 years in general but you post no details so its not possible to say whether a statute has expired or not or to even know what limitation period applies. I suggest that if it is a deed issue perhaps see a real estate litigation attorney in the county where the land is located. Get a copy of the quitclaim deed and allow the lawyer to review it and give you an opinion as to whether the deed can be rescinded. If its some other kind of action, then a civil litigation lawyer.

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