Quiet Title: Bring Clarity To Your Ownership
In legal terminology, a quiet title action describes an individual or company filing
a lawsuit in order to establish that they are the full and complete owners of a particular deed. This usually occurs when there is some form of uncertainty surrounding the true owner of a piece of property. Often, this uncertainty or cloud on the title is nothing more than some unresolved bit of paperwork, long forgotten but still a part of the public record. Sometimes, of course, it is much more complicated and can embroil the owners in a long and arduous legal proceeding. If you want to clear the confusion surrounding property you own, you may need to start with a search of legal real estate records.
How It Happens
How does confusion arise as to the true owners of a piece of property? It can happen in more ways than you might think. One common way is for an ex-spouse to propose some claim to a house that was sold after divorce. Wills and unresolved heir ship issues are also often at the center of a quiet title search. Someone drafts an ambiguous will and the heirs are left with no real clarity when it comes to who actually owns the property. Confusion can also arise when a lien has been paid off but has yet to be cleared in the public record due to time or an oversight.
Doing a Search
To clear up the cloud that surrounds your ownership of the property, you will need to start with a quiet title search. Most lawyers involved in the field recommend you make a good effort to warn any parties that may be affected that you are preparing to assert your right to claim full ownership. You can do this through the search. Look through your county's records regarding property taxes, probate, and any other sources that could give you the names of others with an interest in the property. This is getting easier to do in many states because of computerization, but it is still something best done with the assistance of an attorney.
Winning a Claim
If there is a true dispute as to ownership, you'll have to do more than invalidate the other party's claim. You'll need to prove that your own claim to the property can hold up to strict examination. In other words, you can't simply find a loophole to throw your neighbor out of his house. If you can go before the court and prove that the deed belongs to you and that you received no response after notifying all other interested parties. If there is a challenge to your ownership claim, the court will have to weigh the arguments and evidence to make a decision.
by: Alfred Ardis
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