Quiet Title - Explained
How to Quiet Title?
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Table of ContentsQuiet Title Action DefinitionA Little More on What is a Quiet Title ActionWhen Quiet Title Action Can Be UsefulLimitations of Quiet Title ActionAcademic Research
What is a Quiet Title Action?
A quiet title action refers to a lawsuit that involves the settlement of the property's title. This can be seen mostly when there is a dispute involving the title. Quiet title action helps in resolving a claim or dispute associated with the title.
See also: Abeyance
How Does a Quiet Title Action Work?
A quiet title action takes place when the claimant of an estate questions other person in the eyes of law so as to know the legit owner of the property. Its main purpose is to settle down the existing claims on the estate, nullifying any vague elements involved in the title, and ensuring transparency. With the quiet title action, the plaintiff gets the complete possession of the estate for the lifetime which is then transferred to his or her nominees. This property doesn't involve any ownership claims made by somebody else.
When Quiet Title Action Can Be Useful
A quiet title action is useful for eliminating claims related to the real property's ownership, or some other titled estate. One can use it after the owner dies, and know if his or her nominees are aware of the estate being sold. Also, it can help in offering solutions to the mortgage lenders conflicts who feels that his or her interest in the estate could have been dealt in a better manner post the payment of loan. Furthermore, one can use quiet title action for clearing a property's title that has not been occupied for a time period. One can also apply the rule of a quiet title action for transferring interest in the estate with a quitclaim deed that involves the disapproval of the interest of the last owner. However, it doesn't promise the clarity or transparency of the title involved. Also, a quiet title action can be helpful in conveying title to an estate if there is any unfavorable possession. One can also use it for settling tax related matters concerning a property, and resolving regional issues between private entities, countries, provinces, etc. Also, it helps in resolving matters related to false conveyance of an estate through forceful possession or duplicate deed; treaty issues prevailing among countries, or competing claims through reverters, missing nominees, or remainders.
Limitations of Quiet Title Action
In case of any issues associated with the property, the new owner may not receive the same extent of security as the last owner received with the quiet title action. The new owner doesn't have the right to file a lawsuit against the last owner, unless he or she obtained possession of the property through warranty deed and sued for issues at the time of delivery of the warranty deed. Also, it is not always possible to resolve title related issues using quiet title actions. There are some authorities that use it for settling particular claims or defects in the title.
- Register of Deeds
- Title Search
- Opinion of Title
- Certificate of Title
- Abstract of Title
- Chain of Title
- Clear Title
- Cloud on Title
- Defective Title
- Affidavit of Title
- Warranty of Title
- Title Insurance