What is a quiet title action?

| Jul 28, 2020 | Real Estate Law |

For most people, buying or selling real estate represents the largest financial transaction they will ever pursue. Complicated by numerous layers and complex documents, the process can quickly become overwhelming. When there are potential disputes surrounding the property’s title, however, it is important to seek professional guidance.

When there are questions about who has the right to the title of a property, an individual might bring a quiet title action lawsuit. This legal procedure is designed to clear the title and resolve any potential disputes that may have arisen over the history of the property. Common scenarios can include:

  • Disputed property boundaries: It might be unclear where were exact borders of the property lie due to a dispute with neighbors or an incomplete survey.
  • Easement on property: An easement, such as a shared driveway, might call ownership into question.
  • Claims by lienholders: Any lien that doesn’t have clear discharge documentation must be investigated.
  • Disputes between heirs: If a homeowner dies, the property might be sold in an estate sale. An heir might later claim that he or she did not agree to sell the property.
  • Errors on the deed: Any clerical error must be researched and resolved.

When it is necessary to establish a clean title and ownership of a property, a quiet title action is generally the process that must be followed. Attempting to sell a property or obtaining financing for a property with a disputed title can raise countless legal issues. It is wise to discuss the matter with an experienced real estate attorney who can provide guidance from start to finish.