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Quiet Title Actions

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 or 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 an 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. Frequently, title issues are found during a title search which reveals a possible adverse interest in the property. Often 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 the claimant’s interest by way of a Quiet Title Action.

What do I do when someone serves me with a quiet title action?

If you are served with a Quiet Title Action and the property listed in the action is not a property over which you assert an ownership interest, you can consult DesChamps Law Firm with regard to executing a quit claim deed by which you make no representations and warranties of the marketability or ownership of the property.

If you are served with a Quiet Title Action and the property listed in the action is a property over which you assert an ownership interest, you should consult a knowledgeable and experienced real estate attorney to help defend you in the Quiet Title Action.

Please call DesChamps Law Firm today to schedule a consultation if you encounter a title issue and need assistance with protecting or asserting your ownership, right, title, or interest in and to a real property.

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    1357 21st Avenue North, Palmetto Business Center, Suite 102
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    Myrtle Beach, South Carolina 29578
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