When might I need a quiet title action?

On Behalf of | Apr 6, 2021 | Real Estate

The most common time when you may need a quiet title action is when you are buying a property. You may also need it if someone makes a claim to a property you own.

The Florida Senate explains a quiet title action helps to clear any claims to a property. It may happen after the title company does its job during the buying process.

Who may make a claim

You never really know who may make a claim to property you are trying to buy. It depends on its history.

For example, if it is a property that a family has passed down through generations, there may be someone in that family somewhere who feels they have a right to it. To clear this issue, it could take a long time to iron out the rights and if this family member has a valid claim.

Another example would be liens. Someone may have sold the property without knowing about a lien in the past and the person or entity holding the lien may not have received proper notice at that time, but now wants to make a claim.

How it works

If you file a quiet title action, it allows anyone with a claim to come forward. If nobody does, then the court clears the title. The best thing about it and why you may consider doing it if you have any questions about the title is that nobody can come forward later to make a claim. The action clears the title from that point back through legal means. In situations where you fear claims, a quiet title action may be the best move to secure a clean title.