Sometimes, real estate litigation is adversarial in nature. The buyer who recently acquired a property might sue the prior owner for failing to disclose defects. Neighbors might sue over tree damage or boundary incursions.
Other times, civil litigation related to real estate aims to prevent issues or address mistakes that could cause future complications for owners. Quiet title proceedings are not necessarily adversarial. They instead involve attempts to correct public records to protect the interests of a current property owner.
What happens during a quiet title action?
Title records show who owns a property and who may hold a lien against it. They also show the chain of ownership and even a history of easements held by outside parties. Sometimes, the records maintained by the county recorder’s office are not accurate. They may still report a satisfied lien or an extinguished easement. They may list a former owner as a current owner.
Quiet title actions can resolve those issues. A judge reviews the most recent title records for the property and other documentation provided by the owner who files the lawsuit. They can order the correction of inaccurate and outdated title records. Quiet title proceedings can help ensure that the current owner’s interest is protected and that they can bypass title complications if they list the property for sale or choose to refinance their mortgages.
Real estate litigation can be a complicated matter, but it may be necessary to protect the interests of real property owners. Quiet title actions are common and can pave the way for a smooth real estate transaction in the future.
