Someone who believes they have a right of ownership for a piece of real property can file a quiet title action to determine the rightful owner.
A quiet title action is a legal proceeding filed in civil court against all others who claim ownership of the property. The court notifies all parties named in the lawsuit to give them a chance to respond.
Why would someone file a quiet title action?
There are two main reasons a property owner files a quiet title action. The first is an actual property dispute among multiple people who claim to own the property. The second reason to file a quiet title action is to correct or clarify a title record.
What types of property ownership disputes can a quiet title action resolve?
A quiet title action can help establish the rightful owner of a property after the death of an owner or after a piece of property was vacant for a long time and the owner was unknown. It can also establish ownership in cases of adverse possession or settle boundary disputes between neighbors.
Why would someone need to correct a title with a quiet title action?
When the purpose is to correct or clarify a title record, there is no dispute involved. Instead, the owner seeks to correct an error or defect on the title that makes ownership unclear and is preventing them from selling or refinancing the property.
If the person who files the quiet title action wins, the property is theirs. A court order clarifies ownership of the property and prevents further ownership challenges.
