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3 reasons Texas homeowners may initiate quiet title proceedings

On Behalf of | May 14, 2024 | Real Estate Disputes |

People who purchase real estate expect to be able to do whatever they desire with their own property. They can refinance and use the home as collateral for a loan. They can sell the property to someone else whenever they want. Typically, owners can make their own choices about their real estate holdings without involving outside parties. However, some scenarios may force them to take certain steps before refinancing or selling a home. People may sometimes need to ask a judge to review the title records for the property in quiet title proceedings.

A judge can validate claims that there is something amiss with the title history for a property and potentially update those records to ensure they are accurate. Those preparing to sell a property or refinance it might need to initiate quiet title proceedings first. The following are some of the more common reasons people have to ask a judge to correct title records.

Removing someone from a title

People may lose their interest in a property due to the sale of the home or divorce. However, the records maintained by the county recorder’s office do not always accurately reflect who currently holds an ownership interest in a particular piece of real estate. In cases where a prior owner or someone who has given up their interest in the property shows up during title research, quiet title proceedings may be necessary to remove their name from the title history.

Eliminating outdated liens

Perhaps someone lost their job after replacing the roof on their home. The company that did the work may have pursued a mechanic’s lien against the property to ensure they received full payment. Maybe the property owner took out a second mortgage that they have since paid off in full. Quiet title proceedings can help remove liens that could compromise someone’s ability to transfer title to a new owner or refinance the home.

Addressing outdated easements

Some easements allow a neighbor to access their property and may persist indefinitely regardless of who owns either of the parcels. Other easements reflect a specific arrangement between two current property owners and may not necessarily transfer to the next generation of ownership. Issues ranging from the sale of real property to the installation of a driveway might make an easement obsolete. Old easements can raise questions about a new owner’s use of the property and could potentially affect what someone offers to pay when buying a home or parcel of land. Asking a judge to eliminate an old easement could help maximize the price obtained when selling real property.

Initiating quiet title proceedings in the Texas civil courts can help people prepare for an upcoming real estate transaction or protect their interest in a property. Those who take title issues to court can potentially update their title records with the support of a civil judge.


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