When real estate is transferred between two people, there are often disputes about who really owns the property. This can lead to a legal proceeding known as a quiet title action.
Understanding quiet title action
A quiet title action is a real estate litigation process that establishes the rightful ownership of real property. It’s typically used when there are multiple claimants to the title of a particular parcel of real estate or when the boundaries of real estate are unclear. The purpose of such an action is to “quiet” any challenges or disputes over the property, which would have otherwise been left unresolved and potentially cause further problems in the future.
What happens in a quiet title action?
During a quiet title action, each claimant presents evidence to support their claim, and then, the court rules on who has the legal right to ownership of the real estate in dispute. The process typically involves researching land records to determine if any liens or encumbrances exist as well as examining deeds, wills and other documents that can be used to prove ownership. The court then issues a judgment, which spells out the rights and obligations of each party with respect to the real estate in question.
Benefits of a quiet title action
The main benefit of a quiet title action is that it helps protect real estate owners from possibly losing their property because of any disputes or challenges to the title. A quiet title action gives real estate owners peace of mind and legal protection against such challenges. Additionally, a quiet title action can help resolve boundary line disputes or other issues related to real estate ownership.
Lastly, it can help ensure that real estate transactions are properly documented, which can provide peace of mind and certainty for all parties involved in the real estate transaction.
Ultimately, a quiet title action is an important legal process that can provide real estate owners and buyers with the security of knowing that their real estate is legally protected and free from any potential challenges. By taking this legal action, real estate owners can ensure that all real estate transactions are properly documented and resolved in a timely manner.