Probate Attorneys Can Help With Quiet Title Actions
Occasionally, a piece of property can’t transfer ownership because of disputed claims to that property. These ‘clouded titles’ occur when several parties have valid claims to a property. A Quiet Title action seeks to ‘quiet down’ the dispute by establishing clear ownership of the property.
The process requires one party to make a superior claim to the property. Working with an experienced quiet title attorney at Clear Counsel Law Group can help you establish a superior claim in a quiet title action. By quieting the title, any ambiguities, disputes, or clouds on the title are removed, leading to a clear title of ownership.
Why are Quiet Title Actions Necessary?
Sometimes a quiet title comes into play because property is simply lost in the shuffle of paperwork. Other times it becomes necessary because of inadequate or a lack of paperwork. Probate attorneys are skilled in determining when a quiet title action is necessary.
Contested transfers
If a property is passed down through generations without clear paperwork, a quiet title attorney can help clarify and establish ownership. This often occurs when the process of inheritance is left to word of mouth and general tradition rather than strict legal frameworks such as a will or trust.
When a property is bought at a tax sale due to delinquent taxes, the purchaser often seeks a quiet title action to confirm their clear ownership and eliminate prior interests. Without taking this step multiple parties might otherwise retain some claim on the property, allowing them to acquire it through legal action.
If someone claims ownership rights based on adverse possession (essentially occupying and using the property openly for a statutorily defined period), a quiet title action can confirm or reject their claim.
Clerical errors
Mistakes can occur in the recording process, or legal descriptions may be ambiguous. Quiet title attorneys can correct these discrepancies. A gap in the historical record of property ownership could use a quiet title to bridge the gap and establish a clear chain of ownership. Liens or mortgages not being properly released from public records can create a clouded title, requiring quiet title action.
If there’s a dispute about a right of way or other easement, a quiet title action can establish the extent and nature of the easement.
Poorly defined language
A quiet title can be brought to dispute instances where neighboring property owners disagree about the location of their boundary. This could be the result of a poorly worded contract for the distribution (or sharing) of land or even vague, difficult to read surveys.
During the process of buying a home, title companies might identify potential risks or defects. Before they issue a title insurance policy, they might require a quiet title action to resolve these issues.
How are Quiet Title Actions Resolved?
Filing a lawsuit: The process starts with filing a lawsuit in the county where the property is located. The lawsuit will identify all potential claimants to the property.
Serving notice: All potential claimants must be given notice of the lawsuit. This might involve personal service, like handing them the legal paperwork, or sometimes using “constructive” methods, such as publishing in a newspaper, especially if the claimant can’t be easily located.
Court hearings: If a party disputes the quiet title action, the court will hold hearings. Both sides can present evidence regarding their claims to the property.
Judgment: If the originator of the action successfully proves their claim and no valid challenges are presented, the court will issue a judgment to quiet title in their favor.
Recording the judgment: Once the court has made its decision, the judgment should be recorded with the local land records office to provide public notice of the cleared title.
Quiet title action is a powerful tool for rapidly disputing uncertain titles. It helps property owners ensure their ownership rights are undisputed and protects them from potential future challenges. Seeking the counsel of a knowledgeable quiet title attorney at Clear Counsel Law Group is the first step to clear legal solutions.