**QUITCLAIM DEED
(State of Mississippi)**
[// GUIDANCE: This template is intentionally more robust than the “short-form” quitclaim deed commonly recorded in Mississippi. It incorporates the client’s requested contract‐style architecture while preserving deed enforceability. Omit or tailor any sections that are unnecessary for a particular transaction.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Notary Acknowledgment
- Exhibit A – Legal Description of Property
1. DOCUMENT HEADER
Prepared By: [NAME, ADDRESS, PHONE, E-MAIL]
Return To: [NAME, ADDRESS]
Recording Information: [COUNTY] Chancery Clerk, State of Mississippi
Effective Date: [MONTH __ , 20__]
Quitclaim Deed
THIS QUITCLAIM DEED (the “Deed”) is entered into as of the Effective Date, by and between:
• Grantor: [GRANTOR FULL LEGAL NAME], a [STATE] [ENTITY TYPE] / individual, whose mailing address is [ADDRESS] (“Grantor”); and
• Grantee: [GRANTEE FULL LEGAL NAME], a [STATE] [ENTITY TYPE] / individual, whose mailing address is [ADDRESS] (“Grantee”).
RECITALS
A. Grantor is the owner of all right, title, and interest in and to the real property more particularly described in Exhibit A (the “Property”).
B. Grantor desires to convey whatever right, title, and interest it may have in the Property to Grantee, and Grantee desires to accept such conveyance, all upon the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor and Grantee agree as follows:
2. DEFINITIONS
The following terms, when capitalized, have the meanings set forth below. Defined terms include singular/plural forms as the context requires.
“County Recorder” means the Chancery Clerk of the county in Mississippi where the Property is situated.
“Deed” means this Quitclaim Deed, together with all exhibits, schedules, and duly-executed counterparts.
“Effective Date” has the meaning set forth in the Document Header.
“Permitted Encumbrances” means (i) real property taxes and assessments not yet due and payable; (ii) rights of way, easements, and restrictions of record; and (iii) any matters that would be disclosed by an accurate survey or physical inspection of the Property.
“Property” has the meaning given in Recital A and further described in Exhibit A.
“Transfer Taxes” means Mississippi privilege/conveyance taxes, documentary stamp taxes, and any local transfer, recording, or similar taxes imposed in connection with the conveyance of the Property.
3. OPERATIVE PROVISIONS
3.1 Grant.
Grantor hereby quitclaims, conveys, releases, and remises unto Grantee all of Grantor’s right, title, and interest, if any, in and to the Property, together with all appurtenances, hereditaments, and improvements thereon, subject to the Permitted Encumbrances.
3.2 Consideration.
The consideration for this conveyance is the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
3.3 Transfer Taxes.
(a) Responsibility. Transfer Taxes shall be paid by [SELECT: Grantor / Grantee / both parties equally].
(b) Documentary Stamps. Documentary stamps in the amount of $[CALCULATED AMOUNT] are affixed hereto as evidence of payment of Mississippi privilege tax pursuant to applicable law.
[// GUIDANCE: Mississippi currently assesses $0.003 per $1.00 (or fraction thereof) of consideration in excess of $100. Double-check prevailing rates before closing.]
3.4 Recording & Delivery.
(a) Upon execution, this Deed shall be delivered to Grantee and recorded in the land records of the County Recorder for the county in which the Property lies.
(b) The party responsible for filing shall ensure compliance with Mississippi recording requirements, including (i) a 3-inch top right margin on the first page, (ii) the names and addresses of the parties, and (iii) the preparer and return-to information set forth above.
3.5 No Merger.
Grantee’s acceptance of this Deed shall not merge any of the undertakings or obligations of the parties that, by their terms, are intended to survive delivery.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Limited Representations.
Grantor represents solely that it has lawful authority to execute this Deed.
4.2 Disclaimer of Additional Warranties.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.1, THIS CONVEYANCE IS MADE WITHOUT COVENANT, WARRANTY, OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, QUIET ENJOYMENT, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 Survival.
Section 4 survives delivery of this Deed and is binding upon the parties and their respective successors and assigns.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances.
Grantor shall, at Grantee’s cost, execute and deliver such additional instruments as may be reasonably necessary to effectuate the intent of this Deed.
5.2 Use Restrictions.
The Property shall remain subject to all recorded easements, covenants, conditions, and restrictions, if any.
6. DEFAULT & REMEDIES
Because this Deed conveys all of Grantor’s interest upon delivery and acceptance, traditional “default” concepts do not apply. Notwithstanding the foregoing, the parties reserve all equitable and legal remedies available under Mississippi law for any breach of surviving obligations.
7. RISK ALLOCATION
7.1 “As-Is” Transfer; No Indemnification.
Grantee acknowledges that Grantor makes no representations beyond those set forth in Section 4 and provides no indemnification. Grantee assumes all risks associated with the Property from and after the Effective Date.
7.2 Limitation of Liability.
In no event shall Grantor be liable to Grantee for any consequential, special, or punitive damages arising out of or relating to this conveyance.
7.3 Force Majeure.
Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, or governmental action.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Deed and any dispute arising hereunder shall be governed by the real property laws of the State of Mississippi, without regard to conflict-of-law principles.
8.2 Forum Selection.
Any action arising out of or relating to this Deed shall be brought exclusively in the state courts located in the county where the Property is situated.
8.3 Arbitration & Jury Trial.
Arbitration is expressly excluded, and the parties do not waive the right to a jury trial. Nothing herein limits either party’s right to seek injunctive or other equitable relief, provided such relief is limited to the minimum necessary to prevent irreparable harm.
9. GENERAL PROVISIONS
9.1 Entire Agreement.
This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior or contemporaneous understandings.
9.2 Amendments; Waivers.
No amendment or waiver shall be effective unless in a writing signed by the party against whom enforcement is sought and recorded if required by law.
9.3 Assignment.
Grantee may assign its interest prior to recording only with the written consent of Grantor. After recording, Grantee may freely transfer its interest subject to recordation requirements.
9.4 Successors & Assigns.
This Deed binds and benefits the parties and their respective heirs, successors, and assigns.
9.5 Severability.
If any provision of this Deed is held unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted.
9.6 Counterparts; Electronic Signatures.
This Deed may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile shall be deemed original for all purposes.
10. EXECUTION BLOCK & NOTARY ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[NAME]
[Title, if applicable]
[Seal, if required]
GRANTEE (acknowledging acceptance):
[NAME]
[Title, if applicable]
MISSISSIPPI NOTARY ACKNOWLEDGMENT
State of Mississippi
County of ____
On this _ day of ___, 20____, before me, the undersigned Notary Public in and for said state, personally appeared [NAME(S) OF SIGNATORY(IES)], [TITLE(S) IF APPLICABLE], who acknowledged that (he/she/they) executed the foregoing instrument for the purposes therein contained.
Witness my hand and official seal the day and year aforesaid.
Notary Public
My commission expires: ____
[// GUIDANCE: Mississippi does not require witnesses for deeds, but some title companies prefer one disinterested witness. Add witness lines if desired.]
11. EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
[INSERT FULL METES-AND-BOUNDS OR PLATTED LOT/BLOCK DESCRIPTION]
[// GUIDANCE:
1. Double-check legal description accuracy; an erroneous description can render the deed void.
2. Verify transfer-tax computation before recording.
3. Confirm entity authority (e.g., corporate resolutions) and attach if needed.
4. Mississippi requires that the name and address of the person/entity to whom future tax bills should be sent appear on the face of the deed or in a separate instruction sheet to the Chancery Clerk.]