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February 2004

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Subject:
From:
Langdon Hagen-Long <[log in to unmask]>
Reply To:
Langdon Hagen-Long <[log in to unmask]>
Date:
Mon, 2 Feb 2004 19:37:55 -0800
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<<Law Dictionaries..ARE NOT where lawyers and judges go to find answers to questions; those are where we START in an effort to learn where an answer might be. Only in the most rare instances would a court accept such a dictionary explanation as a statement of the existing law.>>

The definition I gave is not existing law, it is a definition.

Dictionaries are very frequently quoted by judges in their opinions, and by lawyers in their arguments.  I was trying to be helpful to the person with a question concerning quit claims, who might not have a law dictionary.

<< I have yet to see any rule of law that stated or even suggested that only those who legally had a known interest could sign quit-claims. If there is such a rule, please cite it for me. Paul>>

I’m not sure what you mean here. Are you saying that you don’t have to own, or partly own something, in order to sell it, give it away,  or transfer title?  One must have an interest in the land in order to Quit Claim an interest in the land.  The interest can be a future ownership interest.  For instance, a son, has a future claim as an heir to his father.  He is saying,  "if I inherit this land from my father,  I hereby give up any right I might have to it in the future".   The other heirs could then sell the land at the death of the father,  since the son gave up his right and interest.  One could also execute a quit claim to a neighbor, if there is a confusion of boundaries. For instance, the quit claim would be based on the fact that I *might* actually own some land that is now included, by survey, in my neignbor's line.  I hereby give up my right to it, - if I own it, but I'm not promising that I do own it, but to settle title,  we now know the property is solely the
 neighbor's.

Langdon



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