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Quiet title action: basics and when it is used

On Behalf of | Oct 14, 2021 | Real Estate Transactions

Acquiring property is a momentous occasion. It represents a new stage in a person’s life; and it has the potential to serve as a conduit of wealth for future generations.

However, the mood can quickly sour if someone else claims title to the property. When most people hear the words “title dispute”, stressful images of hefty legal bills run through the heads.

Before you panic, most title disputes are easily resolved with a nifty legal mechanism called a quiet title action. Here’s what it is:

Quiet title action basics

A quiet title action is essentially a lawsuit against all other parties claiming title to the property. It’s filed with a court along with additional evidence demonstrating to the judge why sole title should be vested in the moving party and all other claims quashed.

These actions are prized for their affordability, simplicity, and efficiency. They’re inexpensive to file, don’t require a lot of paperwork, and most go uncontested.

When can a quiet title action be used?

Quiet title actions are useful in a variety of circumstances, and can be used to resolve title disputes related to:

  • The conveyance of property via quit claim deed
  • Boundary disputes
  • Tax issues
  • Adverse possession
  • Issues with a mortgage lender

When can a quiet title action not be used?

Quiet title actions cannot be used to settle issues with the property itself. For example, if a buyer purchases a house only to discover it has a compromised foundation, he cannot bring a quiet title action against the seller.

Although they seem straightforward, quiet title actions are still complex legal documents that should only be drafted with the help of an experienced real estate attorney.

A real estate attorney can spot issues before they arise, saving the client time and money. Furthermore, they understand the law and the evidence needed for the motion to be granted, increasing the likelihood of success.

Georgetown, Delaware residents shouldn’t hesitate to reach out. If cost is a concern, many lawyers offer a free initial consultation at no out-of-pocket cost to the client.