Quiet Title
Candlefocus EditorA quiet title action is a legal proceeding that is used to definitively determine the rightful owner and establish a clear title to real property. It can be an effective way to resolve disputes and encumbrances related to the ownership, title, or right to use the property. The court process is initiated when the plaintiff, or petitioner, brings an action in court to eliminate any claims or rights to the title of the real estate. The petitioner must obtain legal evidence showing that they are the rightful owner of the property, and the other parties (or defendants) to the action must be notified and served with the petition.
The Quiet Title process can involve several steps. Generally, it will involve a title search and examination to identify any allegedly competing interests such as liens, competing claims of ownership, dual mortgages, disputed easements, encroachments or other interests which may compromise the title. The petition must then be served to the defendant and all other parties who are involved in the dispute for a hearing. The court will consider the evidence and rule in favor of the plaintiff should there be sufficient legal grounds to do so. The court's order is then recorded with the county records office in order to give the title "quiet" status, legally binding all records, liens and potential legal issues connected to the property.
Normally, a quiet title action will happen when the previous owner dies, or if the records are not updated to reflect the current ownership or assignments made to the property. It may also occur when a person owns property through inheritance, finds a clerical error, or when a seller was not able to clear liens on the property. In any case, the quiet title process seeks to “quiet” any claims to the title of the property and establish a single owner with undisputed title to the property. Often a quiet title action is seen as an effective way to eliminate clouds from title, thus reducing the risks of future disputes and problems.
In addition to the judicial process, there are also a few alternative methods to obtain a quiet title. These include voluntary or involuntary relinquishment of title, title insurance, adverse possession, and agreement of the parties. It is important to note that although these alternative methods may be easier and cheaper, they are not necessarily as reliable in protecting the title since they do not always provide the same certainty as a court-issued judgment.
Quiet title actions can be complicated and should not be undertaken without proper legal representation. It is vitally important that the court order is properly recorded and registered, so as to fully protect the property owner and provide them with a clear title. A quiet title action is a powerful tool in protecting and establishing a clear legal title to a property.