What is a quiet title action?

On Behalf of | Oct 14, 2021 | Real estate litigation |

People acquire property for a variety of different reasons. Perhaps they found the home of their dreams, or maybe they wanted a stable investment. Regardless, purchasing property is a momentous occasion in one’s life.

However, acquiring property is not without stress and risk. One of the most common obstacles faced by new property owners is the “title dispute.” They acquire title to a property only to discover someone claims title to the same property.

Thankfully, most title disputes can be resolved with a handy legal device known as a quiet title action. Here’s what a quiet title action is and how it can end your title dispute.

What is a quiet title action?

A quiet title action is essentially a lawsuit brought against everyone else that claims title. The goal is to convince the judge that sole title should be granted in the moving part and all other claims should quashed.

These actions are popular because of their efficiency and affordability. They usually consist of just a few pieces of paper and evidentiary exhibits, while costing far less than a traditional lawsuit.

When can a quiet title action be used?

They can be used in a very of circumstances. Most commonly, they are used to resolve title disputes resulting from:

  • The transfer of property via quit claim deed
  • Adverse possession
  • Mortgage lender issues
  • Boundary disputes
  • Tax issues

When are quiet title actions ineffective?

They cannot be used to rectify issues related to the property itself. For example, if a recently purchased house has a flawed foundation, the buyer cannot bring a quiet title action against the seller.

Quiet title actions are complex legal documents that should only be drafted with the help of an experienced real estate lawyer.

A lawyer can foresee issues before they arise and identify legal problems the average person may never contemplate.

Toledo, Ohio residents shouldn’t hesitate to reach out. If cost is a concern, many lawyers offer a free initial consultation at no out-of-pocket cost to the client.