If you hang around the real estate industry long enough, you are bound to come across the phrase “quiet title.” But unless you are a realtor or attorney, this may be a bit of an unknown to you. What does it mean to “quiet title,” and how does it work?
Definition
The quiet title action can be brought in Maryland to “establish title against adverse claims to the property.” It means that ownership of a piece of real property – your home or your condo or your buildable lot – is clearly given, by a court order, to you. Why, though, would such an action be necessary? After all, presumably you have your deed, you went to a settlement, and the documents are all recorded with Land Records.
“Adverse” claims to property can arise in any of several ways. First, the settlement or sale may have been done improperly, or just vaguely. The legal description of the property in the deed may be wrong. Second, the party from whom you acquired the property may not have had the authority to grant it – perhaps they were only one of several owners, or their title was defective in some way. Third, there may be intervening lienholders – a mortgage, a deed of trust, an HOA or condo lien, or a tax lien may all establish an adverse claim to a property. And finally, there may exist a claim for adverse possession: someone may have been occupying the property for long enough that they now have a valid legal claim to ownership.
The Process
A quiet title action is a fairly straightforward legal claim; as the putative owner, you want to establish the grounds for extinguishing any and all possible claims of ownership by any other person. In order to do so, you must file an action with the court, setting forth the grounds for your claim of ownership (usually your deed, unless you yourself are the adverse possessor). Next, you must serve or otherwise notify all possible claimants of ownership to the property. Courts will typically require a “publication,” meaning that you must put an advertisem*nt in the legal announcements section of a newspaper. Once those two steps are accomplished, you must prove your case to the judge. This can be fairly simple if no other party objects or argues against you; perhaps it was a simple scrivener’s error that everyone agrees was a mistake. On the other hand, if an adverse party is making a claim to the property, then discovery and a trial will take place, meaning that you will need to know the rules of evidence and present the best possible case to support your claim of ownership.
Courts require the service and publication, along with proof of the claim, in part because the quiet title action, once completed, is very difficult to overturn. The decision deprives someone of a possible claim to the land, which courts only want to do upon a sufficient evidentiary showing. So the rules make it difficult to do and harder to undo to protect the rights of everyone involved.
The Takeaway
A quiet title action is one that “silences” all other possible claims of ownership to a piece of real property, and vests ownership, or “title,” in one party. It is a rigid process, an often misunderstood concept, and a very nuanced area of the law. But when done correctly, it can be an extremely important tool for a property owner.
FAQs
If you find yourself facing a quiet title action, you can fight it by producing a deed and other information proving that you have superior title and that their claim is invalid or mistaken.
How do you become successful in quiet title action? ›
How to Succeed in Quiet Title Actions?
- Get legal advice: ...
- Collect evidence and research: ...
- Identification of potential defendants: ...
- Served with notice: ...
- Make a complaint: ...
- Defend against counterclaims: ...
- Make your case in court: ...
- Get a quiet title judgment:
When two or more persons have adverse claims to the same property, any of the claimants may initiate a quiet title action. The purpose of the action is to eliminate an adverse claim and to establish, perfect or “quiet” the title of the property in one or more of the claimants as of a certain point in time.
What is the burden of proof for a quiet title in California? ›
The Quiet Title Process
Once the action is filed in superior court, a notice of pending action must be provided to all parties to the action. After that, the plaintiff—the one filing the quiet title action—has the burden of providing “clear and convincing proof” as to their ownership rights.
Who is most likely to use a quiet title suit? ›
Boundary Disputes: Quiet title actions can resolve disputes over property boundaries when neighbors disagree over the exact location of property lines. Claims by Previous Owners or Heirs: Sometimes, previous owners or their heirs might surface, claiming ownership rights due to improper or incomplete transfers of title.
What is the cause of action for a quiet title? ›
Quiet title action represents a legal proceeding whereby an entity or person claims title to a portion or all of a specific real property. The Plaintiff asks the Court for a ruling that their title is superior to any other interest claimed by the Defendant.
What is an example of quiet title action? ›
An Example of a Quiet Title
Thus, the home may have liens against the house or unpaid debts. To make sure that the buyer can own the home free and clear when purchasing, the Contractor will bring a quiet title action to court to essentially bump up their ownership of the home above other previous owners.
What would cause a deed to be void? ›
Forged deeds, mortgages, satisfactions, or releases. Deed by person who is insane or mentally incompetent. Deed by minor (may be disavowed) Deed from corporation, unauthorized under corporate by-laws or given under falsified corporate resolution.
What are the elements of a quiet title? ›
Necessary Elements of a Quiet Title Claim
- A description of the property that is the subject of the action. ...
- The title of the Plaintiff as to which a determination of quiet title is sought.
- The adverse claims to the Plaintiff's title. ...
- The date as of which the determination is sought.
Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.
re·plev·in ri-ˈple-vən. : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention.
What is the habendum clause in real estate? ›
In real estate contracts, the habendum clause refers to the transfer of ownership of a property and any accompanying restrictions. Because the clause begins with the phrase, "To have and to hold," the habendum clause is sometimes called the "to have and to hold clause."
How much does a quiet title action lawyer cost in California? ›
Conclusion: Yes, a defendant in a quiet title action in California can move to strike a claim for attorney's fees in a complaint before discovery if the claim is irrelevant, false, or an improper matter in any of the pleadings.
How long does a quiet title action take in California? ›
If there are multiple claims on the property, you may need to file a quiet title action to get a mortgage loan. However, it's important to consider this action carefully. Quiet title actions are expensive and can take anywhere from eight weeks to six months to complete.
How much does a quiet title action cost in California? ›
What About Costs? The cost of a quiet title action can range from $1,500 to $5,000 or more, depending on the state and complexity of your claim.
What is the cause of action for a quiet title in Florida? ›
In Florida, an action for quiet title is a civil lawsuit usually filed by the homeowner/property owner in Circuit Court. The purpose of this action is to ask the court to declare a judgment terminating rights on parties with clouded title.
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