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Title dispute? Consider a quiet title action

On Behalf of | Mar 2, 2021 | Real Estate Transactions

Ah, yes. Acquiring property is truly a momentous occasion. In addition to being an important milestone in a person’s life, it’s also vehicle of wealth that can be passed down to later generations (e.g., a house).

However, this celebratory occasion can quickly sour if SOMEONE ELSE also claims title to the property.

For anyone in the midst of a title dispute, the critical question is always “what’s the most efficient and affordable way to resolve it?” A quiet title action is often the answer.

What’s a quiet title action?

A quiet title action is a lawsuit filed with a court that seeks to grant exclusive title to the plaintiff while quieting all other claims to the property.

The cost of filing a quiet title action is usually quite low and most go uncontested. Thus, they are tool of choice for anyone seeking to either end a title dispute or preemptively hostile claims before they arise.

When are they used?

Quiet title actions are used in many different contexts, but they’re frequently used to settle title conflicts arising from boundary disputes, errors in surveying, adverse possession, property transfers via quit claim deed.

When can they not be used?

Quiet title actions do not warrant against issues with the property itself. For example, if someone purchases property that turns out to have critical defect, filing a quiet title is of no use.

Although they may seem simple on the surface, quiet title actions should only be drafted with the help of an experienced real estate attorney. Delaware real estate law is notoriously slippery, and a seemingly insignificant mistake could have drastic implications down the road.