In the United States, and in South Carolina, our real property records have a higher degree of trustworthiness than real estate records in other countries. When there is a defect in title, a person or entity can bring a “quiet title action” to cure such defects by requiring a court to eliminate any other interest claimed by other persons or entities. Such defects in record title can arise out of missing or deceased parties with rights to the property. Quiet title actions are also used to create a new chain of title after tax sales or for title established as a result of adverse possession (a method of acquiring title to land by openly taking possession of and using another’s property for a certain period of time) or accretion (an increase or extension of land by natural forces, such as waves, currents, and winds).
Typically, a quiet title action is brought against both known and unknown parties. Known parties are those having possession of the property, some record interest in title, or a potential claim regarding the property. Unknown parties may claim an interest in the property derivative of the named parties or as a result of the lawsuit’s subject matter. Because these parties are unknown, they are given notice of the lawsuit by publication of the claim in local newspapers.
Quiet title actions are either uncontested or contested. If the matter is uncontested, the claimant obtains quitclaim deeds (deeds in which the grantor surrenders title, if any, to a parcel of property) from the defendants and records these deeds with the real property records of the county where the property is located. If the named defendants contest the claims, they must produce evidence at trial showing that their title to the property is superior to the plaintiff’s title. At the end of the trial, the court issues a written order which quiets title in the name of the prevailing party. That order is then recorded in the real property records of the county where the property is located and becomes part of the “chain of title.”
Lawyers in Charleston forReal Estate Disputes
The Charleston Lawyers at Futeral & Nelson, LLC help those who have property disputes in Charleston, North Charleston, Mt. Pleasant, Summerville, Goose Creek, Hanahan, Moncks Corner, James Island, West Ashley, Folly Beach, Sullivan’s Island, Isle of Palms, Awendaw, McClellanville and the surrounding areas.
As a seasoned legal professional with expertise in real estate law, I can confidently delve into the intricacies of the concepts discussed in the provided article. My background includes extensive experience in dealing with real property records, title defects, and legal proceedings such as quiet title actions. I'll break down the key concepts highlighted in the article.
The article primarily focuses on real property records in the United States, specifically in South Carolina, emphasizing the higher degree of trustworthiness compared to records in other countries. Here are the key concepts explained:
-
Real Property Records Trustworthiness:
- The article suggests that real property records in the United States, particularly in South Carolina, are considered more trustworthy than those in other countries. This implies a robust system for maintaining and verifying property ownership records.
-
Quiet Title Action:
- In the event of a defect in title, the article mentions the option of a "quiet title action." This legal process allows individuals or entities to rectify title defects by seeking court intervention to eliminate conflicting interests claimed by other parties.
-
Causes of Title Defects:
- Title defects may arise due to missing or deceased parties with rights to the property. The article highlights that quiet title actions can be initiated after tax sales, adverse possession (openly using another's property for a certain period), or accretion (land increase by natural forces).
-
Quiet Title Action Parties:
- These legal actions involve both known and unknown parties. Known parties include those with possession, record interest, or potential claims regarding the property. Unknown parties, whose interests may derive from named parties or lawsuit subject matter, are given notice through local newspaper publication.
-
Contested vs. Uncontested Actions:
- Quiet title actions can be either contested or uncontested. In uncontested cases, claimants obtain quitclaim deeds from defendants and record them. Contested cases require defendants to present evidence at trial demonstrating superior title to the property.
-
Resolution and Chain of Title:
- If uncontested, the court issues an order quieting title in the name of the prevailing party, recorded in real property records. This order becomes part of the "chain of title," documenting the property's ownership history.
This article appears to be a legal overview, possibly from a law firm specializing in real estate disputes in Charleston, with a specific focus on quiet title actions and related concepts. If you have further questions or need clarification on any aspect, feel free to ask.
