What is a quiet title action?

On Behalf of | Feb 21, 2023 | Real Estate Law

One of the worst problems you can encounter when purchasing real estate involves discovering issues with the title. The problem might be that the person selling the property does not have the full right to sell it because someone else is claiming ownership. Or it might be that their description of the property’s boundaries does not match what their adjoining neighbor thinks.

Potential challenges like these are just some of the reasons why you should get a comprehensive survey before agreeing to buy a property. Fortunately, you can clear up some title issues quickly via a quiet title action. Anyone interested in the property is permitted to file one of these, so you can do so before you sign anything, or you can just ask the seller to file one and clear things up before you’ll agree to move forward.

The aim is to clean up the title

A quiet title action is not a lawsuit. You are not going to be fighting against anyone by filing. All you are doing is asking the court to clarify the status of the property’s title. For example, who owns it and where exactly are the boundary lines?

Filing a quiet title action could also help clarify matters concerning easements, so you’ll know whether the person who says they have a right to cross your land actually does, and if so, for how long and under what circumstances. Another issue that this action can help with is clarifying outstanding liens. Sometimes, someone will claim that a lien is still valid, even though the property owner says it is not, for example.

Seeking legal guidance may also be a good option if you wish to find out more about this or any other real estate matters.


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