What is quiet title

Here is an example of how the chain of title can be broken, even when everyone knows who really owns the property:. Great Grandpa died owning the Family Farm. He did not have a written will. Instead, his kids just divided up the Family Farm based on his oral instructions.

However, record title was still held by Great Grandpa. A few years later, the kids sold the Family Farm to a neighboring landowner. The neighbor did not discover that record title was still held by Great Grandpa. Not only that, the kids drew up the deed themselves, and they accidentally left out a acre tract of land in the middle of the Family Farm.

Twenty years later, the neighbor died. Just like Great Grandpa, the neighbor did not have a formal will. Instead, he simply told his wife that she would inherit the Family Farm. In other words, there were several technical defects in the chain of title. The real estate developer cannot receive marketable title or obtain a title insurance policy on the Family Farm until these defects are cured. Once the action has been filed, the Court then has the power to make its determination on title issues.

In addition, a Plaintiff seeking to quiet title against a person who has legal title to a property bears the burden of proving title by clear and convincing proof. However, when the quiet title action involves a dispute as to which party has legal title to a piece of real property, the standard of proof is determined by the preponderance of the evidence. See Murray v. Murray 26 Cal. Furthermore, a judgment in a quiet title action is binding against all persons who were named as parties in the action and who have a claim to the property.

Measure content performance. Develop and improve products. List of Partners vendors. A quiet title action, also known as an action of quiet title, is a circuit court action—or lawsuit—that is filed with the intended purpose to establish or settle the title to a property.

A quiet title action occurs when one property claimant challenges one or more other people in a court of law for the purpose of determining who is the rightful legal owner of the property in question. It is intended to quiet the conflicting claims on the property by eliminating any ambiguities in the title, thus clarifying the question of legal ownership.

Following the quiet title action, the plaintiff will be in full possession of the property in perpetuity, as will be the plaintiff's heirs , and they will also be protected from any further claims of ownership made against the property by other outside entities.

Other grounds for a quiet title action include to settle tax issues with a property; boundary disputes between private parties, nations, states, or municipalities; errors in surveying; fraudulent conveyance of the property by coercion or forged deed ; treaty disputes between nations; or competing claims by lien holders, reverters, missing heirs, or remainders.

A quiet title action does not give the new owner the same level of protection against the previous owner in most cases. In some jurisdictions, they can only be used to clear up specific claims or title defects. Real Estate Investing. Loan Basics. Your Privacy Rights. The defendants in the suit would be anyone else who potentially as a claim to the property.

After all sides have had their arguments heard, a judge will decide whether to grant the plaintiff a quiet title. If the plaintiff prevails, that quashes all future claims against ownership from the other parties. If the plaintiff loses, the property rights can go to the defendants. A suit to quiet title may be filed for any number of reasons when there is a dispute as to ownership.

These are some of the most common reasons:. This is usually established by having an ownership claim to the property. The required paperwork and procedure will vary from state to state as well.

One of the important things to realize about a quiet title action lawsuit is that it involves establishing an ownership history of the property in order to help determine who the proper owner of the property is now. However, the price tag can be much higher if ownership of the property is contested in court. Actions to quiet title do have their drawbacks. Before moving forward with this, make sure you can actually accomplish what you set out to do with an action to quiet title in your jurisdiction.

Quiet title actions are a way to protect your property against claims by others. One thing to make absolutely sure of is that your claim is rock solid. If the defendants make a compelling case, a judge can rule in their favor. You want to work with a real estate attorney.