Acquiring property is often a major milestone in a person’s life. However, this celebratory moment can quickly become stressful if other people begin making claims to the same property. Is what you worked so hard to purchase not really yours?
Of course, during any property dispute the sky may seem like it’s falling. However, there are solutions.
Among the most efficient means of resolving a property dispute in your favor is the quiet title action.
A quiet title action is simply a legal instrument filed with a court to quiet (essentially nullify) all other claims to the property in question. A successful quiet title action grants sole ownership of the property to the filer of the action.
When can a quiet title action be used?
A quiet title action may be used in a variety of different circumstances.
It’s perhaps most commonly utilized when property is transferred using a quit claim deed. A quit claim deed grants the purchaser the seller’s interest in the property but doesn’t guarantee sole title. In this situation, the purchaser can file a quiet title action to protect against any hostile title claims that may arise in the future.
Quiet title actions are also popular in cases of adverse possession, boundary disputes, and fraudulent conveyances.
When not to use a quiet title action
Quiet title actions can be effective in many different contexts, but they don’t protect against everything.
In particular, they don’t warrant against any defects in the property. For example, if the property changing hands has a leaky roof that requires extensive repair, a quiet title action grants the purchaser no recourse against the seller for this defect.
Quiet title actions may seem simple and straightforward, but they should always be drafted and filed with the assistance of an experienced real estate lawyer. Like in other areas of real estate law, a small mistake can have lasting consequences that no property owner wants to deal with.