A “quiet title” action is a legal proceeding that usually pertains to real estate but can involve other types of property like a mobile home or personal item where ownership is an issue. It involves filing a petition with a court of competent jurisdiction (the court authorized and appropriate to hear the case) to determine ownership by a party or a contested claim of ownership between multiple parties. The goal is to obtain “clear title” which means that the one prevailing has been deemed the owner which “quiets” or terminates the rights of any other entity.
A “quiet title” lawsuit has very specific procedures which affect the parties and impact their burden of proof. Unlike many other forms of litigation, the interested parties that may have a claim to ownership are not always known. Therefore, notice to them may be by “publication” or an ad in a paper of general circulation. This is different than having a process server deliver the papers to all involved parties.
Why Would You Need to File a Quiet Title Lawsuit?
It may be used when there is a break in the recorded chain of title transfers which leaves a gap in the known ownership. Property that is routinely sold at a foreclosure sale or government tax sale may require additional action to clear the title to the satisfaction of a title company if title insurance is desired. Use of a title company to research the records in conjunction with attorneys like those at Evans & Mullinix P.A., experienced in “quiet title” litigation, will be able to protect your interests.
What Are the Major Areas Where a Quiet Title Action Is Necessary?
As a rule, the areas in which a quiet title action is required involve the following categories:
- Competing claims to property ownership.
- A break in the title of a property where ownership is not clear.
- Property liens
- Leasehold interests from existing or former tenants.
- Purchase of the property from a tax deed sale or some type of contested sale.
- Questions as to the validity of an easement on the property.
- Adverse possession or terminating the rights of someone living on the property but not the rightful owner.
- Clarification of ownership between two parties (divorce or business split).
When Would You Need a Quiet Title Action in A Residential Or Commercial Transaction?
There may be exceptions that are raised when you receive the preliminary title report from a title insurance company which requires a “quiet title” action. This could be on a house sale or commercial property. Without title insurance you may be at risk at some future date of another party prevailing on a claim of adverse ownership.
We have seen some commercial properties that have old leases to companies that may/may not even exist remain of record as a lien against the property. There may even be old “right of first refusal” to purchase the property which need to be eliminated. One solution, if personal contact is not possible to resolve the issue, is a quiet title action to eliminate any old lease interest of record.
A divorce, if all title issues of title are not appropriately handled at the time of the split, may require action at some future date. This is another situation where a “quiet title” action is required.
How To Choose a Quiet Title Attorney
Because “quiet title” actions are different than regular litigation with specific rules, regulations, and burdens of proof, it is essential that you have a law firm with experience in the area. Evans & Mullinix P.A. has routinely been handling these types of matters for years. They are a critical part of our areas of practice in debtor-creditor relationships, real estate, and business litigation field.
This article is not intended to cover all types of “quiet title” actions but provide a guide as to the types of issues involved. If you have a question regarding ownership and claims being made, give us a call. Let us help evaluate the correct course of action to be taken. We have years of experience, and it means something in “quiet title” matters. If discussions can’t resolve the issue, we know what it takes to be successful in this type of litigation.
We are ready if you need us. Just call Evans & Mullinix P.A. at 913-962-8700. It can be a cost-effective means of resolving ownership.
