Found at this site:
http://www.expertlaw.com/library/real_estate/Texas-deeds.html
The Infamous Quitclaim
One of the more common questions we get about Texas real estate
law involves Quitclaim Deeds (often mispronounced "Quick Claim Deeds.")
There seems to be some sort of popular idea that a Quitclaim Deed is a
simple and inexpensive means of selling land or solving real estate
problems. Our clients are often shocked to learn that Quitclaim Deeds are practically worthless in Texas.
So what exactly is a Quitclaim Deed? The courts have said:
"A quitclaim deed conveys any title, interest, or
claim of the grantor in the real property, but it does not profess that
the title is valid nor does it contain any warranty or covenants of
title. Thus, a quitclaim deed does not establish title in the person
holding the deed, but merely passes whatever interest the grantor has in
the property." Diversified, Inc. v. Hall, 23 S.W.3d 403 (Tex. App.--Houston [1st Dist.] 2000, pet. denied).
When a person signs a Quitclaim Deed, he is essentially saying,
"I don't promise that I own any interest in this land, but if I do I
surrender it." Compare this to language in a Warranty Deed, where the
seller "grants, sells and conveys the property to the buyer ... to have
and to hold it ... forever, and binds seller and seller's heirs to
warrant and forever defend the property to the buyer." Under Texas real
estate law, a Buyer under a Quitclaim Deed is charged with notice of any
defects in title, whether they appear of record or not. (For
example, John conveys the property to Bob, who does not record the deed.
John then conveys the same property to Sue by a Quitclaim Deed. Even
though Bob's deed does not appear in the public records Sue would be
charged with notice that John no longer owned the property, and she
would receive nothing through the Quitclaim Deed.) For this reason,
title passing under a Quitclaim Deed is not insurable and a property
that has a Quitclaim Deed in the title will remain uninsurable until the
applicable statute of limitations has passed (in most cases, 25 years).
Does this mean that a Quitclaim Deed should never be used? No.
Quitclaim Deeds can be useful in clearing title in some limited
circumstances, such as when there is a question about whether a
particular heir might have a claim to the property of an estate, or
whether a person may have acquired title by adverse possession
("squatter's rights.") In the vast majority of cases, however, it will
be preferable to use another kind of deed.
