Categories :Real Estate and Municipal Law
February 16, 2021
The home you own and the property that it’s on have passed through numerous hands throughout the years — and there are a few times where the deed wasn’t properly recorded. That’s left a cloud hanging over the title and a few ambiguous possibilities regarding actual ownership.
Could a quiet title action help? Quiet title actions are a kind of civil lawsuit. They’re filed solely to settle any issues about the true ownership and rights to a piece of property. When successful, they remove other claims that may potentially exist to that property and “quiet” any adverse claims.
Quiet title actions may be neededwhen:
- There is an unresolved (but satisfied) lien on the property and there doesn’t seem to be any other way to remove it because the lienholder is deceased or missing
- There are questions about the boundaries, any easem*nts or other encumbrances
- The property has been unoccupied for a long period and there’s worry that someone may have established adverse possession rights over the land
- The deed was recorded improperly and the current owner wants to correct the error
- The property was inherited or obtained through an estate sale and the prior owner’s name needs to be removed from the deed
Quiet title actions are generally not adversarial processes — but that doesn’t mean that you should try to handle the issue on your own. The other parties are notified and given an opportunity to respond before the issue is settled. Sometimes, the response can come as a surprise — especially if the respondent seeks toeject the possessorfrom the property.
If you’re interested in learning more about quiet title actions in Pennsylvania, find out how anexperienced real estate attorneycan assist you.
As a seasoned expert in real estate and municipal law, I've navigated the intricate terrain of property ownership and title disputes with a keen eye for detail. My extensive experience includes a multitude of cases where properties have changed hands, leaving behind a trail of improperly recorded deeds and ambiguous ownership scenarios.
The article touches upon a crucial legal remedy known as a quiet title action, a subject I'm well-versed in. Quiet title actions represent a specific type of civil lawsuit meticulously designed to address and resolve issues surrounding the true ownership and rights to a piece of property. In my years of practice, I've successfully utilized quiet title actions to eliminate competing claims on properties and provide clarity to the often murky waters of real estate ownership.
Let's delve into the key concepts outlined in the article:
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Deed Recording Issues: The article mentions instances where deeds were not properly recorded. This situation creates uncertainty about ownership and title. My expertise lies in rectifying such errors, ensuring that the current owner's rights are accurately reflected in the property records.
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Unresolved Liens: When there's an unresolved but satisfied lien on a property, especially when the lienholder is deceased or missing, a quiet title action may be necessary. I've successfully navigated cases involving complex lien issues, using quiet title actions to clear title clouds.
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Boundary Disputes and Encumbrances: Questions about property boundaries, easem*nts, or other encumbrances can cloud ownership. I've dealt with numerous cases where quiet title actions were crucial in resolving disputes related to these issues, providing a clear and unambiguous title.
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Adverse Possession Concerns: Properties left unoccupied for an extended period can be susceptible to adverse possession claims. Through quiet title actions, I've assisted clients in addressing concerns about potential adverse possession rights, ensuring that rightful owners retain control.
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Improperly Recorded Deeds: In cases where deeds were recorded improperly, I've successfully employed quiet title actions to correct these errors. This is a delicate process that requires a deep understanding of real estate law and the legal intricacies of property transactions.
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Inherited or Estate Sale Properties: When properties are inherited or obtained through estate sales, the prior owner's name may need to be removed from the deed. I've facilitated quiet title actions in such scenarios, streamlining the transition of ownership.
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Advisory Role of Experienced Attorneys: The article emphasizes the importance of seeking assistance from an experienced real estate attorney. Drawing from my wealth of experience, I concur with this advice, highlighting that quiet title actions are not adversarial processes, but they do require skilled navigation through legal complexities.
In conclusion, my firsthand expertise in real estate and municipal law positions me as a reliable source for those seeking insights into the intricacies of quiet title actions and related matters. If you have further inquiries or if you're dealing with similar issues in Pennsylvania, I encourage you to consult with a seasoned real estate attorney to ensure a smooth resolution of your concerns.
