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What Is a Quiet Title Action?

Posted on November 2, 2023

If you want to have land declared to be legally yours or if someone is bringing a quiet title action against you claiming they own a portion of your land, it is important that you understand what a quiet title action is and how it can affect your rights. An experienced real estate attorney at TdD Attorneys at Law can review your situation and help you navigate the process.

Overview of Quiet Title Actions

Quiet title actions involve challenging another person’s legal ownership in court. The plaintiff asks the court to officially declare them the owner of the property. This type of legal action can clarify who is the owner of a property or portion of a property when there are conflicting claims regarding its ownership. If the plaintiff wins the quiet title action, they will be in full possession of the property and can use the court’s declaration as proof of ownership. This type of action can also preemptively protect them from future claims against their ownership.

Purpose of a Quiet Title Action

A quiet title action establishes or settles title to a property. It is often used when there is some dispute over a title. This type of legal action can create a clear title, which can make it easier to sell the property or complete transactions related to the property because the ownership is clarified.

When Quiet Title Actions May Be Necessary

A quiet title action can arise anytime when the title to a property is unclear. Some of the most common uses of quiet title actions include:

  • To clarify ownership after an estate sale after the property owner dies
  • To remove a lienholder such as a s mortgage provider after a home loan was paid off
  • To clarify ownership when there have been long periods of inoccupancy
  • To resolve issues involving adverse possession or unclear boundary lines between property
  • To clear up issues with fraudulent conveyances
  • To rectify issues involving easements and access to adjoining properties
  • To settle tax issues with a property
  • To resolve issues with land surveys

What Is Involved in a Quiet Title Action?

Quiet title actions can vary by jurisdiction, but the general process of this type of legal action involves the following:

  • Obtaining a copy of the official deed from the county clerk or records office
  • Filing a complaint with the appropriate court
  • Providing notice to other parties who are claiming an ownership interest in the property
  • Conducting and responding to discovery requests
  • Filing appropriate motions with the court, such as motion for summary judgment
  • Presenting evidence and witnesses at court
  • Receiving a judgment from the court

Because these cases are complex and can impact your ownership interest, it is essential that you work with an experienced real estate attorney who can protect your legal rights and property interests.

Contact Us for a Free Case Review

TdD Attorneys at Law offers a free case review in which we can discuss your legal rights and options concerning your property in a confidential setting. We can evaluate your situation, negotiate a resolution, and take legal action to protect your property rights. Get the guidance you need by contacting our office today.