Acquiring property is a momentous occasion. It’s a significant milestone in a person’s life and creates generational wealth.
However, the excitement can quickly turn to consternation if someone else claims title to the property.
Unfortunately, title disputes are not uncommon and people spend considerable time and money trying to resolve them. However, many title conflicts can be settled with a simple legal tool known as a quiet title action.
Quiet title actions are the tool of choice for so many property owners because of their efficiency and affordability. Here’s how they work:
A property owners best friend
The owner of the property (the moving party) will file an action with a court asking the judge to issue an edict granting them exclusive title to the property. If the action is approved all other claims to the property will be quashed (rendered legally void).
Quiet title actions are easy to draft and are usually comprised of just a few documents. They also usually lead to a quick resolution of the dispute; in fact, most quiet title actions go uncontested.
They’re also prized for their versatility and be used to rectify boundary disputes, cases of adverse possession, mortgage lender disputes, and conflicts that arise when property is transferred via quit claim deed.
However, it should be noted that quiet title actions are not a silver bullet for all real estate legal problems. They cannot be used, for example, to address issues with the property itself (e.g., if a recently sold house has a leaky roof).
Although they’re simple by legal standards, quiet title actions are still complex tools. Delaware residents should always seek the help of an experienced real estate lawyer when drafting a quiet title action or any other legal document. A seemingly insignificant error at the time of drafting can have profound implications later on. Having professional help means of peace of mind in the present and less headaches in the future.