A quiet title action is a lawsuit where one party wants to establish ownership over the claims of another. The “quiet” part of the name comes from the fact that once your ownership is determined in a ruling, you are effectively “quieting” any other parties from trying to claim or challenge your title.
So, when might you need a quiet title action? There are several different situations that may require it. Let’s examine a few of the most common reasons you may need to involve yourself in a quiet title action.
Use it as a preemptive move
In some situations, a quiet title action may be a good preemptive move. This can occur when dealing with tax deeds, any potential joint ownership issues where two parties may have a stake in the same property, or any cases involving improper liens.
When there’s a conflict with a preexisting will
Say, for example, that an individual has decided to sell their property and has a buyer lined up. Then, before they can finalize the sale, the seller passes away. However, by the terms of the seller’s will, the property was also promised to their children. In this case, both parties would be eligible for the quiet title action because each of them has a potential stake in the property. They would need to take up their case in court to get a final resolution.
Boundary and surveying issues
Some other scenarios that might require quiet-title actions include boundary disputes between private parties, any fraudulent conveyance of property, or any cases involving surveying errors. In these cases, it may not be clear where a property begins and ends.
The Law Offices of Aaron D. Cox are experienced in a wide variety of real estate and property laws. As such, we can bring our experience and knowledge of quiet title actions to your case. To learn more or to request a consultation, call us today at 734-287-3664.