Understanding Quiet Title Actions

When you inherit some property or you come by a new piece of land, it's not always yours free and clear. There might be previous owners that decide they want to try and get the land back or there might be other family members who think the land is yours. If this is the case, you might have to go after a quiet title actions. Having to take something to court can be very scary but it can also be very easy if you know exactly what you are getting yourself into. The first step is to be informed.

A quiet title action is a lawsuit that effectively silences all other claims to the property. It will be filed in order to declare that you and only you are the legal owner of the property. Once it goes to court and is settled in your favor, you will not have to worry about other claims to your property. Whether your property is simply acreage or is a house, you can bet that it has probably changed hands numerous times. It's not always easy to see the trail of ownership well enough to determine who the current owner is.

Any other claims to the house are defined as "clouds." These can be former owners who want possession of the house back or it can be other family members who think Grandpa left the old homestead to them. It doesn't have to be a claim to the whole property but can be in the form of a lien for part of the value of the property. You don't even have to have current clouds against you in order to go ahead and file- you can do it in a preventative manner so that you will be sure that no one will show up in the future and try and take your house away from you.

There are many scenarios in which you would need to file for quiet title actions. Here is one example: say that the owner of a piece of real estate was in the process of selling it when he suddenly passed away. However, that person also left the real estate to his niece in his will. Now, both the person he was selling it to and his niece have claim over the property. This is something that would have to be settled in court because both claims, or clouds, are valid.

Depending on the state in which you are filing for quiet title actions, there will be different statutes. Some states require that you be able to show ownership of the property before you bring it to court. Some states give their courts full rein in determining the verdict and some states have clearly defined rules and laws that govern decisions. There are also differences in who can bring the lawsuit; sometimes only the person in possession of the real estate can bring the action and sometimes anyone with any interest can begin the action.

You should be sure what you are getting yourself into before you ever begin quiet title actions. The more prepared you are, the more likely you will be successful and will be enjoying your new property before you know it.