Quiet Title Action

A quiet title action is a legal proceeding in which a person who claims to own a piece of property seeks to establish their ownership rights against any other person who may also claim an interest in the property. The purpose of a quiet title action is to remove any cloud on the title to the property, so that the owner can sell or otherwise transfer the property without any legal challenges.

There are a number of reasons why someone might file a quiet title action. For example, a person might file a quiet title action if they have purchased a property and the seller has failed to provide them with a clear title to the property. Another common reason to file a quiet title action is if someone has been adversely possessed of a property, meaning that they have been in actual, open, and continuous possession of the property for a period of time that is sufficient to establish ownership under the law.

A quiet title action can be filed in either state or federal court. The specific procedures for filing a quiet title action will vary depending on the jurisdiction in which the action is filed. However, in general, the plaintiff in a quiet title action will need to file a complaint with the court, setting forth the facts of their claim and the relief they are seeking. The defendant in the action will then have an opportunity to file an answer to the complaint. After the pleadings are filed, the case will proceed to trial, where the plaintiff will have the burden of proving their case by a preponderance of the evidence.

If the plaintiff is successful at trial, the court will enter a judgment quieting title to the property in their favor. This means that the plaintiff will be declared the owner of the property, and any other claims to the property will be extinguished.

A quiet title action can be a complex and time-consuming process, but it can be an important tool for protecting one's ownership rights to real property. If you are considering filing a quiet title action, it is important to speak to an experienced real estate attorney to discuss your options.