What Is a Quiet Title Action and When Is It Necessary?

 Posted on September 30, 2024 in Real Estate

Whether you purchase or sell real estate, one of the most important parts of the transaction process is making sure there is a clean title. This is especially true if you are looking to sell a property because you will be unable to transfer the title if there are claims attached to it.

Clearing a title of any liens or claims sometimes requires a legal procedure called a quiet title action. This article will explore what a quiet title action is, when it is necessary, and how to contact a Florida real estate attorney for more details.

What Is a Quiet Title Action?

A quiet title action is when the owner of a property files a lawsuit to "quiet" any claims to the real estate and thus clear the title. The purpose is to settle the title so that the ownership is undisputed and cannot be challenged. After a quiet title action is concluded, the property’s rightful owner is protected from any further claims against the property.

When Is a Quiet Title Action Necessary?

Quiet title actions are usually done in cases where anything about the title is in question. For example:

• Ownership disputes: If there are any disputes about who owns the property, a quiet title action can resolve who the rightful owner is. This may include situations where an heir maintains that the property is his or her inheritance.

• Encumbrances: Sometimes titles can be encumbered by judgments or liens, such as outstanding mortgages or taxes. In some cases, even when a mortgage is paid off, the title may still not have been cleared by the lender. This could be remedied through a quiet title action.

• Boundary disputes: A quiet title action can also help resolve questions about the property’s boundaries so that they are clearly defined.

• Adverse possession: Adverse possession is when someone occupies a property without the owner’s permission. If the occupant meets certain criteria, he or she can be legally recognized as the owner of the property. This is colloquially referred to as "squatter’s rights." A quiet title action can determine who truly owns the estate.

• Easements: An easement is when another person or entity has a right to use the property. Utility companies, for instance, have easements that allow them to build telephone poles or power lines on a person’s property. Some properties are placed in conservation easements which grant them environmental protection and limit the use of the land. A quiet title action can clear the title of any invalid easements.

How Does a Quiet Title Action Work?

A quiet title action involves the following steps:

• The property owner files a lawsuit in the county where the real estate is located.

• The court schedules a hearing and notifies interested parties.

• The court reviews the evidence and hears arguments from both sides.

• The court issues a ruling. If the judge rules in favor of the plaintiff, the judgment is recorded and the title is cleared.

Contact a Ft. Lauderdale, FL Quiet Title Action Attorney

A quiet title action can be a great way to establish clear ownership of a property and tie up any loose ends with the title. Consult an Oakland Park, FL real estate lawyer who can help you start the process and guide you through the steps. At The Elliot Legal Group, P.A., we are committed to providing you with outstanding and personalized legal services that protect your real estate interests. Speak with a skilled real estate lawyer by calling 754-332-2101 today.