Owning property comes with certain legal rights, but those rights can come into question when there is a dispute over who actually owns the property. Problems involving old liens, inheritance issues, boundary conflicts or competing ownership claims can create uncertainty and make it difficult to sell or refinance a home.
When questions arise about who legally owns real estate, a quiet title action may be necessary to clear up disputes and remove problems that can interfere with your rights as a property owner.
What does “quiet title” mean?
A quiet title action is a lawsuit seeking the court’s official determination of who owns a property and eliminating competing claims to it. Its purpose is to “silence” any disputes or doubts about the title.
Many times, the homeowner didn’t even know an issue existed until they tried to refinance, sell the property or transfer it to a family member. At that point, a title company discovers a problem in the public records, and the transaction can’t be completed until the issue is resolved.
A term often heard in these disputes is “cloud on title,” which refers to anything that creates uncertainty about ownership. It may be a simple matter, such as a clerical mistake in county records. Other times, it’s something more serious, like disputes between heirs after the property owner passed away or an old contractor’s lien that was never removed. There are sometimes even allegations that a deed was forged.
A quiet title action usually begins with a review of the property’s history. Deeds, surveys, tax records and probate filings can all be important pieces of evidence. The person filing the lawsuit must generally prove they are the legitimate owner of the property and that any competing claim is invalid. Cases often become complicated because they may involve events that occurred years earlier.
A real estate dispute over property you rightfully own can be frustrating and overwhelming. Therefore, it’s essential to work with someone who can help you understand your options, protect your rights and help you establish clear legal ownership of your property.
