Quiet Title Actions – Guidance and Pursuit
What is a quiet title action?
A quiet title action is a lawsuit brought by a property owner against anyone and everyone claiming to have an interest in a real property. The party bringing the lawsuit seeks to clear those claims so that he/she can have clean title to the real property.
Why would I bring a quiet title action?
If you own real property and someone has made a claim of interest in the real property or a title search reveals that someone, somewhere, may be able to claim an interest in the real property, you can bring a quiet title action to request the court to grant a clear title to the exclusion of the competing claims. Often times, title issues are found during a title search revealing a possible adverse interest in the property. Many times, such title issues can be cleared up with a quit-claim deed, which essentially allows the person possessing the possible adverse interest in the property to convey their “interest” in the property to the grantee (or current owner). Other times, a person with an adverse interest may not want to quit-claim their interest without compensation. At that time, the property owner would make a business decision on whether to “purchase” the claimant’s interest in the land or dispute same with a quiet title action.
What do I do when someone serves me with a quiet title action?
If the property listed in the action is not property over which you assert ownership interest, you can consult our firm with regard to executing a quiet claim deed by which you make no representations and warranties of the marketability or ownership of the property.
If the property listed in the action is property over which you assert ownership interest, you should consult our firm to to help defend you in the quiet title action. Please call us at (843)448-2391 to schedule a consultation so that you can be advised on whether you should or should not file a quiet title action and/or your defenses to such an action.