Published June 13, 2024
What Is a Quiet Title Action
A quiet title action is a legal proceeding used to resolve disputes over the
ownership of real property (land and buildings) and to establish clear title to
the property. It is typically initiated when there are competing claims or
uncertainties regarding ownership rights. The purpose of a quiet title action
is to "quiet" or resolve these disputes by obtaining a court judgment
that conclusively determines the rightful owner of the property.
In a quiet title action, the plaintiff (the party initiating the lawsuit)
typically asks the court to declare them the rightful owner of the property and
to extinguish any adverse claims or clouds on the title. Adverse claims may
include claims of adverse possession, conflicting deeds or conveyances,
unreleased liens or encumbrances, or other challenges to ownership. The
plaintiff must provide evidence supporting their claim of ownership, such as
deeds, surveys, and other relevant documents.
Once the quiet title action is resolved, the court's judgment establishes a clear and marketable title to the property, meaning that the owner can sell or transfer the property without any legal challenges to their ownership rights. Quiet title actions are common in situations where there are title defects or uncertainties that could affect the marketability of the property.
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