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Let’s explore what’s a quiet title action lawsuit, principally for real properties involving land or structures.
What is a Quiet Title Action?
Disputes between two or more parties claiming rightful ownership of a real property can be challenged in court. The label “quiet title action” may seem misleading. On one hand, readers may interpret this lawsuit as a means of disputing properties in a clandestine way.
On the contrary, however, the label “quiet action lawsuit” can be taken quite literally.
This action does what it says it will do: it “quiets” disagreements surrounding titles of lands and buildings.
Clearing Up Confusing Title Transfers
Aren’t titles supposed to be legally binding?
There are many reasons why a title raises questions and may be hotly disputed by heirs, buyers, sellers, and other parties. Some of the top reasons for an unclear title include:
- An Untimely Death
- Boundary Disputes
- Bureaucratic Errors
- Erroneous Surveys
- Foreclosures
- Fraud
- Liens
- Probate Issues
This is one of the main reasons our real attorneys advise you to consult us before buying or selling any type of property in Jacksonville – be it commercial or residential.
Singling Out the Rightful Owner
In cases where there are multiple claims of ownership to a real property, the quiet title lawsuit examines these claims. Based on the evidence and defenses by a quiet title attorney, a legal owner can be singled out.
File a Quiet Title Action Even if there Are No Disputes
Quiet title lawsuits can also be filed even if there are no respondents to a claim. In these cases, the lawsuit is a preventative measure against future actions. It ultimately provides landowners with security and peace of mind.
Case in Point
Supposing John, an 80-year-old landowner sold his land to an unsuspecting buyer but died before closing the deal. John also included his five children in a will he wrote decades ago. The will stipulates that the land should be divided equally among his five children upon his death. In this case, multiple disputes could be filed by the children and the unsuspecting buyer.
For the best defense, a knowledgeable quiet title action attorney is mandatory due to the complex nature of these cases.
Moving from a QuitClaim to a Quiet Title
In many cases when someone buys real property, a quitclaim is filed. These provide some level of proof that the former owner has indeed surrendered any claims to the property in question. However, there are many limitations to what this document can do. A quiet action lawsuit takes it a step further by offering indisputable title ownership.
Remove the Cloud and Find Your Silver Lining
If you currently own a clouded title and someone else is claiming full or partial possession of your real property, do not hesitate to contact our quiet title attorneys at Campione Law.
