What Is A Quiet Title?

Quiet title actions typically occur when there are conflicting claims or uncertainties about the ownership of a property. These conflicts may arise due to various reasons, such as:

• Invalid or conflicting deeds: If there are multiple deeds claiming ownership of the same property or if there are issues with the validity or enforceability of a deed, a quiet title action may be necessary to determine the rightful owner.​

• Unresolved liens or encumbrances: If there are outstanding liens, mortgages, or other encumbrances on the property that affect the ownership rights, a quiet title action can help to remove or resolve these claims.

• Adverse possession: Adverse possession is a legal concept where a person can acquire ownership of a property by occupying and using it openly and without the owner’s permission for a certain period of time. A quiet title action can clarify the rightful owner if there is a dispute regarding adverse possession.

• Incomplete or defective conveyances: If there are issues with the chain of title, such as missing or defective conveyances in the property’s history, a quiet title action may be necessary to establish a clear and marketable title.

During a quiet title litigation process, the party initiating the action (plaintiff) files a lawsuit in court against any known or potential claimants (defendants) to the property. The court reviews the evidence presented by both parties, including title documents, surveys, witness testimonies, and other relevant information, to determine the rightful owner and to eliminate any competing claims.

If successful, the court will issue a judgment that declares the plaintiff as the true and lawful owner of the property, thereby quieting any other claims or clouds on the title. This judgment helps establish a clear and marketable title, which is important for real estate transactions and financing purposes.