Quiet Title actions establish ownership of real property when there are multiple claims of full or partial entitlement. A completed action removes questions of ownership ambiguity and other parties thereafter cannot challenge the decision or make subsequent claims. All possible defendants must be named in the action and notified of their involvement. The factual and legal grounds behind the claim have to be stated at the same time.
Typical grounds for complaint
Confusion or contention relating to ownership can stem from real estate transactions that have occurred without a thorough review of documents by proper legal representatives. Quiet title suits also arise when:
- There is some question about clear title
- There exists some recorded problem—including old leases and the failure to execute a mortgage reconveyance after payment of the mortgage
- An error in legal description casts doubt on the amount of property actually owned
- An easement is used without a recorded description
- Surveying errors are unearthed
- Adverse possession is revealed—where the new possessor sues to obtain title in their own name
- Fraudulent conveyance of a property occurs, including forged deeds or transfer of a deed under coercion
- Missing heirs are found
- Title insurance errors are found
Certain limitations for quiet title actions exist. A quiet title action is not applicable when a registration system is in place and is sometimes challenged when a new issue, title defect, or perceived defect is discovered. It is essential to have a legal representative on your side when dealing with disputes against a previous quiet title decision.