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Why use a quiet title action?

On Behalf of | Sep 27, 2021 | Real Estate Litigation

Real estate investment can be full of complex legal actions. The title to a real estate property is subject to all kinds of liens and other obstacles that can interfere with proper ownership in California. That’s part of the risk of real estate investment, so it’s important to be familiar with some of the most impactful and important legal actions involving real estate. This way, you can know what to expect when you invest.

What is a quiet title action?

A quiet title action is a legal move to start resolving all outstanding issues on a deed. These issues can vary in impact and scope. For example, there might be a dispute over the property line that the plot shares with a neighbor. If that isn’t resolved, it can prevent the deed from being clear and ready for a transfer. The same thing is possible with other issues, like an old lien, even if the lien was resolved eventually.

What happens next?

A quiet title action starts the process of resolving these issues. If the defendant does not respond, the case is resolved in favor of the plaintiff; otherwise, they work it out in court during real estate litigation. The process of a quiet claim action can take time, but the end result is clearing a deed of previous entanglements.

It is not unusual for a real estate title to have some kind of lingering issue that can stand in the way of investment. Proceeding via a quiet claim action is the most definitive path to taking care of them, and it is one that many investors choose in order to ensure that the title is free and clear.