Cashing in on a Quitclaim Deed

Bruss is away. These questions are from previous columns.

Q: DEAR BOB: How can I find out the details of a quitclaim deed I signed in a lawyer's office in 1990? I found out recently that it was never recorded. The lawyer in whose office I signed the quitclaim has since retired, and I don't remember his name. The quitclaim was for a property that belonged to a bank, which has since gone out of business. The title is now held by the city. What should I do next?

-- Andrea F.

A: DEAR ANDREA: A quitclaim deed conveys whatever title the grantor owned in that property. But it provides no warranties or guarantees. Quitclaim deeds are often used in divorces in which neither party wants to incur any liability or make any representations. A quitclaim deed can convey full fee-simple absolute title, or it can convey nothing. For example, suppose you pay me $1,000 for my quitclaim deed to the Empire State Building. You record that deed in New York. However, you just got swindled because I don't own any interest in that property.

That quitclaim deed you signed in 1990 conveyed whatever interest you owned in the property. Presuming that it was properly signed and notarized, it transferred all your interest to the grantee, even if that person never recorded the deed. Only a few states require recording of a deed for it to be effective.

Your unasked question seems to be: Do I still own any interest in the property because my quitclaim deed was never recorded? The best way to determine the answer is to pay a reputable title insurance company or title attorney to research the property title and see if you ever owned an interest in the property and if it was validly conveyed by that unrecorded quitclaim deed to a subsequent owner.

DEAR BOB: I own a condominium where tobacco smoke from downstairs enters my upstairs unit. It is so bad that I have to sleep in my car at night. What recourse do I have? -- Connie C.

DEAR CONNIE: First, find out for sure where the tobacco smoke originates and how it reaches your unit. If your building has a central heating and air-conditioning system, it is possible that the smoke comes through the air ducts from a distant condo unit. A similar problem arises when a condo building has a common exhaust system for kitchen or bathroom odors.

If the tobacco smoke comes into your unit through such means, the condo homeowners association is responsible for modifying its common-area system so you don't have to suffer odor from your neighbor's unit. If you are 100 percent certain that the problem doesn't involve common-area air transfer, then it is up to you to plug any air leaks between your unit and the downstairs condo. If you decide to file a lawsuit against the offenders, be sure you can prove the facts and your actual damages.

DEAR BOB: We recently bought our first home. The sale was handled by a local real estate agent who represented the sellers. Shortly after moving in, we discovered that the roof leaks around the skylights. Also, we learned from the neighbors that the sellers had tried many times to fix those leaks. A reputable contractor said that the damage is extensive and that the only way to correct the problem is to remove the four skylights, repair the rotted lumber and install new flashing. His estimate is $4,850.

The written defect disclosure provided to us by the seller before the closing said nothing about the problems with the skylights or the seller's apparent failures at eliminating the leaks. After our attorney contacted the listing agent and the seller, we were told that any dispute about the sale must go to binding arbitration. However, we did not sign the arbitration clause in the sales contract. Can arbitration be forced on us without consent?

-- Beth W.