When there are doubts about the title of a property, its title is considered defective. For instance, when another individual claims ownership of the land, there may not be clear proof of ownership.
In such a case, a quiet title action can help you clarify any disputes regarding ownership and quell any doubts as to the validity of the title. With a quiet title, you can rest assured that there will be no ownership disputes in the future.
Why a quiet title action may be necessary
A quiet title action is a legal proceeding intended to establish the clear ownership of a piece of property. Some of the instances where a quiet title may be required include:
- Incorrect description of the property on the title document
- Boundary disputes due to incorrectly recorded deeds
- Issues around property back taxes
- Cases of fraud in the conveyance of land
- Competing claims with lien holders
- Other aspects of the property such as a long-standing easement not recorded or failing to note an existing lease
Any such clouds on the title might make it impossible to carry out valid transactions with the land unless you quiet any pending interests.
How long does a quiet claim action lawsuit take?
The time taken to conclude a quiet claim title varies across individual cases. The process involves fact-finding or investigating the title, service to the parties involved and awaiting responses. It can stretch several weeks.
If no one objects to your quiet title action, the court will establish clear ownership of the property, and the process will conclude sooner. However, if there are pending claims, they must be addressed before the title is cleared.
It is advisable to get qualified advice on how everything works when clearing title defects so that the process goes as smoothly as possible.