Quiet Title Vs. Ejectment In Florida: What’s The Difference?
If you are dealing with a dispute over property ownership or someone occupying your land without legal rights, you may be unsure whether you need to file a quiet title action or an ejectment action. These are two distinct legal tools used in Florida to address different types of property disputes. Understanding which one applies to your situation can save you time, money, and legal frustration. As a Florida real estate attorney based in Seminole and serving clients throughout Tampa Bay and St. Petersburg, I regularly help clients determine the right course of action for resolving property conflicts. Both quiet title and ejectment actions are governed by Florida law, and they each have their own legal requirements, procedures, and outcomes.
A quiet title action is used to resolve disputes about ownership and clear up questions about who holds legal title to a piece of real estate. It’s not about removing someone physically from the property. It’s about cleaning up the title to make sure there are no competing claims. On the other hand, ejectment is used when someone is occupying your property without your permission, and you need the court’s help to remove them. Both of these legal actions are important in Florida property law, but they apply to different problems and must follow different rules.
What Is A Quiet Title Action Under Florida Law?
Under Florida Statutes Chapter 65, a quiet title lawsuit is a legal process used to establish a party’s clear ownership of real property. It’s typically filed when there’s a cloud on title—meaning there’s a defect, dispute, or competing interest recorded against the property that prevents the current owner from having marketable title. Common examples include unresolved interests from prior owners, claims by unknown heirs, forged deeds, or issues following tax deed or foreclosure sales.
The purpose of a quiet title action is to obtain a court judgment declaring that the plaintiff (usually the property owner) holds title to the property free and clear of any other claims. Once the action is filed, all known and unknown potential claimants must be notified, often including service by publication under Florida Statutes § 49.011 when necessary. If no valid opposition is presented, or if the court rules in favor of the plaintiff, the resulting judgment quiets all competing claims.
Quiet title actions are especially useful after tax deed purchases or when an investor acquires a property through a quitclaim deed. In those situations, title insurers often will not issue a policy unless the title is quieted by a court order.
What Is An Ejectment Action Under Florida Statutes § 66.021?
An ejectment action is filed under Florida Statutes § 66.021, and it’s designed to remove a person who is wrongfully occupying real property. Unlike a quiet title action, ejectment is focused on possession rather than ownership disputes. These lawsuits typically arise when someone refuses to leave after a sale, after a tenancy ends, or in situations where there’s no lease, but the person remains in possession anyway.
In order to succeed in an ejectment case, the plaintiff must prove ownership of the property and show that the defendant has no legal right to remain. Unlike eviction cases—which deal with tenants who once had permission—ejectment actions are used when the person never had a lease or when there’s a dispute about whether permission was ever granted. These lawsuits are often filed against holdover occupants, squatters, or former owners who stay after foreclosure.
Ejectment actions must be filed in circuit court, and they involve formal litigation procedures, including discovery, hearings, and potentially a trial. If the court rules in favor of the plaintiff, a writ of possession will be issued to remove the defendant.
When Should You File A Quiet Title Action Versus Ejectment?
If you’re looking to clarify who owns the property and want to eliminate disputes or defects on the public record, a quiet title action is the correct choice. A quiet title helps to create a clear title. This is especially important when you want to sell, refinance, or insure the property.
If you are dealing with someone who is physically occupying your property and refusing to leave, and you believe they have no lawful claim to stay there, ejectment is the appropriate remedy. Sometimes, a quiet title action may need to be filed first if there’s a question about ownership. Once ownership is confirmed, an ejectment action may follow to remove the occupant.
Understanding the distinction is very important because filing the wrong type of lawsuit can delay results or even result in dismissal. That’s why it’s important to have a real estate attorney review your situation and guide you toward the right solution under Florida law.
Frequently Asked Questions About Quiet Title And Ejectment In Florida
What Is Considered A Cloud On Title In Florida?
A cloud on title refers to any issue, document, or legal claim that could affect the clear ownership of property. This can include unresolved liens, probate claims, incorrect legal descriptions, or ownership disputes. These issues often arise after tax deed sales, improper transfers, or fraudulent activity. A quiet title action is the legal remedy to clear these clouds.
Can I File A Quiet Title Action Without A Lawyer In Florida?
While you are allowed to file a quiet title action on your own, the process is highly technical and involves detailed legal procedures, proper service on all potential claimants, and court filings that must meet strict requirements. Mistakes can lead to dismissal or a judgment that doesn’t fully protect your ownership. Having an attorney ensures your interests are properly defended.
How Long Does A Quiet Title Action Take In Florida?
The timeline can vary, but most quiet title actions in Florida take anywhere from three to six months. If the case is contested or requires service by publication, it can take longer. Uncontested cases move faster, especially when the records are clear and the defendants are easy to locate.
Is Ejectment The Same As Eviction In Florida?
No, ejectment is different from eviction. Eviction is used for landlord-tenant relationships where there was a lease or rental agreement. Ejectment applies when the person occupying the property has no legal right to be there, such as a squatter or former owner. Ejectment lawsuits are handled in circuit court, not county court.
What Happens If Someone Disputes My Quiet Title Action?
If another party contests your quiet title action, the case becomes a litigated matter. Each side can present evidence and make arguments in court. The judge will determine whether your claim to title is valid and whether the opposing party has a legitimate legal interest. A final judgment will clarify ownership.
Do I Need Both A Quiet Title Action And Ejectment?
In some cases, yes. If you’re trying to remove someone from property you just acquired and there’s a question about whether your title is valid, you may need to file a quiet title action first. Once ownership is confirmed by the court, you can proceed with ejectment to regain possession.
Call Corey Szalai Law, PLLC For Help With Quiet Title And Ejectment Lawsuits In Florida
If you’re dealing with a title dispute or someone is unlawfully occupying your property in the Seminole, Tampa Bay, or St. Petersburg areas, I can help. At Corey Szalai Law, PLLC, I assist Florida property owners and investors in clearing title and restoring possession of their real estate.
Call my office today at 727-308-4300 to schedule a consultation. My law office is located in Seminole, Florida, and I proudly serve clients in Seminole, Tampa Bay and St. Petersburg. Let’s make sure your property rights are fully protected under Florida law.