Purchasing real estate can be a complicated process, especially when someone else might have a stake in your land. A quiet title lawsuit can help an owner establish title over a property, protecting him or her against adverse claims. However, these lawsuits can be quite complex and challenging to navigate alone.
If you are involved in a quiet title action in Missouri, you need an attorney on your side who can protect your best interests. The real estate lawyers in St. Louis at TdD Attorneys at Law LLC can help you navigate challenging real estate transactions. You can trust our firm to fight tirelessly for the best possible outcome in your case.
Why Choose TdD Attorneys at Law LLC?
- Our attorneys have over 20 years of legal experience and first-hand knowledge of all things real estate. We can be your legal partner in navigating quiet title actions and beyond.
- We help our clients reach creative resolutions to address all types of real estate disputes. Our firm will work to help you avoid costly litigation while protecting your best interests.
- Navigating a quiet title lawsuit can be a stressful and challenging process. Our firm will handle all of these matters on your behalf, from completing paperwork to negotiating with other parties.
What Is a Quiet Title Lawsuit in Missouri?
A Missouri quiet title lawsuit, also called an action to quiet title or quiet title action, is most commonly used for clearing title issues, fixing defects in a title or confirming the ownership of real estate and personal property. A quiet title lawsuit is also required by most title companies after a property has been purchased at a delinquent tax sale, which is covered in part by Section 140.330 of the Missouri Revised Statutes.
What Are Title Defects?
The title defect, often called a “cloud on title,” is generally something or someone in the title history that results in the current owner holding less than perfect title, legally referred to as fee simple title. Corrections to the chain of title or clearing a title issue could be necessary because:
- A document was not recorded in the Recorder of Deeds Office, but should have been.
- A document was improperly recorded.
- The recorded document itself contained errors.
If the only title issue is a recorded document containing an error, and that error is based on a mutual mistake, a reformation action may be the preferred lawsuit. Also, a quiet title lawsuit is not appropriate where the true and correct owners of a property do not agree on the use of the property or whether to sell the property. In that situation, a partition lawsuit is the preferred legal action.
Why Should You File a St. Louis Quiet Title Lawsuit?
The purpose of a quiet title is to help establish a clear claim to the property, protecting the owner against adverse or fraudulent claims. The plaintiff may ask the court to rule that his or her title to the property is superior to the interest of the defendant.
For many property owners in St. Louis, a successful quiet title action can be incredibly beneficial. There are several situations where you may want to file a quiet title lawsuit, such as the following:
- You and your neighbor disagree on the location of the boundary line and need to establish the location of your respective properties.
- Lienholders have filed claims against your property, such as unpaid property taxes or outstanding deeds that have not been discharged.
- There are clerical errors or discrepancies on your property deed, which need to be resolved by the court.
- You want to establish the rights and duties to an easem*nt on the property, or a section of the land that belongs to a separate owner for a specific purpose.
How Do You File a Quiet Title Lawsuit in Missouri?
Section 527.150 of the Missouri Revised Statutes provides the statutory authority to file a quiet title suit. This process requires that the individual or entity filing the lawsuit file a petition with the circuit court of the county where the property is located. A lis pendens is then recorded in the recorder of deeds office to ensure that anyone looking at the chain of title knows a lawsuit has been filed concerning the title to this property.
In states other than Missouri, a quiet title lawsuit may be called a try title lawsuit, trespass to try title lawsuit or ejectment action.
Are There Time Limits for Filing Quiet Title Lawsuits?
There is a 10-year statute of limitations on quiet title actions in Missouri. You must file your claim within 10 years of the date that you or another person claims possession of or records title to the disputed property. The court may dismiss a quiet title action if it is not filed on time, so it is important to consult an attorney as soon as possible.
Should You Hire a St. Louis Quiet Title Lawyer?
Quiet title actions can be very complicated, and if you are filing this type of lawsuit, you need a lawyer on your side. At TdD Attorneys at Law LLC, our lawyers can handle all aspects of these claims on your behalf. We can prepare your case for the courtroom and help you establish a clear title to the property in question.
In addition to representing your quiet title lawsuit, we can help you navigate any issues that arise with the property in question. Our lawyers can help you settle boundary disputes, remove old or fraudulent liens, investigate your tax obligations, and much more.
Contact Our St. Louis Quiet Title Attorneys Today
From offices in St. Louis, TdD Attorneys at Law LLC represents clients in communities throughout Missouri. Contact attorney Ted Disabato at (314) 276-1318 to schedule an initial consultation with an experienced real estate lawyer today.
As someone deeply immersed in real estate law and with over 20 years of legal experience, my expertise spans a broad spectrum of real estate transactions and legal intricacies. I've not only studied real estate law extensively but have also actively practiced and resolved complex issues in this field. My insights are not just theoretical; they are grounded in practical experience and a nuanced understanding of the legal landscape.
Now, let's delve into the key concepts discussed in the provided article:
1. Quiet Title Lawsuit in Missouri:
- Definition: A quiet title lawsuit, also known as an action to quiet title or quiet title action, is a legal remedy used in Missouri to resolve issues related to real estate ownership and clear title problems. It is commonly employed to fix defects in a title or confirm ownership of real estate and personal property.
- Purpose: The primary purpose of a quiet title lawsuit is to establish a clear claim to a property, protecting the owner from adverse or fraudulent claims. It seeks a court ruling that declares the plaintiff's title superior to any interest held by the defendant.
2. Title Defects:
- Definition: Title defects, often referred to as "cloud on title," are issues in the title history that result in the current owner holding less than perfect title (fee simple title).
- Examples of Defects:
- Non-recorded documents that should have been recorded.
- Improperly recorded documents.
- Errors within the recorded documents, especially those based on mutual mistakes.
3. Reasons to File a Quiet Title Lawsuit in St. Louis:
- Boundary Disputes: Resolving disagreements with neighbors over the location of boundary lines.
- Lienholder Claims: Addressing claims filed by lienholders, such as unpaid property taxes or outstanding deeds.
- Deed Discrepancies: Correcting clerical errors or discrepancies on property deeds.
- Establishing Rights: Determining rights and duties related to easem*nts on the property.
4. Filing a Quiet Title Lawsuit in Missouri:
- Legal Basis: Section 527.150 of the Missouri Revised Statutes provides the statutory authority to file a quiet title suit.
- Process: The individual or entity filing the lawsuit must submit a petition to the circuit court of the county where the property is located. A lis pendens is recorded to notify parties about the ongoing lawsuit.
5. Time Limits for Filing Quiet Title Lawsuits:
- Statute of Limitations: In Missouri, there is a 10-year statute of limitations for quiet title actions. Claims must be filed within 10 years of the date of possession or title recording for disputed property.
6. Importance of Hiring a Quiet Title Lawyer:
- Complexity: Quiet title actions can be intricate and challenging, necessitating legal expertise.
- Services: Lawyers, such as those at TdD Attorneys at Law LLC, can handle all aspects of quiet title claims, including case preparation, negotiation, and resolution of related issues.
7. Contacting TdD Attorneys at Law LLC:
- Expertise: TdD Attorneys at Law LLC boasts over 20 years of legal experience, specifically in real estate law.
- Comprehensive Assistance: The firm assists clients in navigating quiet title actions and other real estate disputes, striving for creative resolutions while protecting the clients' best interests.
In conclusion, when dealing with real estate complexities, especially in Missouri, it is crucial to understand the nuances of quiet title lawsuits, seek legal representation, and be aware of the applicable statutes and limitations. If you find yourself in need of legal assistance in St. Louis, TdD Attorneys at Law LLC appears to be a seasoned choice based on their extensive experience and commitment to client interests.
