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What is a quiet title action?

On Behalf of | Feb 25, 2021 | Real Estate Law |

Mistakes on a deed, paperwork errors when a property was transferred, questions about the rights of past owners, issues with inheritance conflicts and other problems can all cause the true ownership of a piece of property to be unclear. In those situations, a quiet title action may be what is needed to straighten things out.

The purpose of this kind of lawsuit is to quiet other claims on the property. Once the case is settled, the owner can then move on with the security of knowing that they won’t have to worry about a surprise challenge to their ownership rights in the future. 

The limitations of a quiet title action

A quiet title action doesn’t provide full protection to the new owner of a property. One thing that this won’t do is allow the new owner to sue the previous owner if there are hidden defects with the property that are later discovered. This means that the person is essentially getting the property as-is. 

It’s also possible that the quiet title action won’t clear up all the title issues. There may be additional attachments on the property, like liens or easements, that won’t be affected by your quiet title claim. Your attorney can help you to understand what you need to do and if there are any additional issues that are likely to remain after the court case. 

Be sure that you do your due diligence on the property and title before you take legal action. This is the only way that you can protect your interests in this type of real estate transaction. It’s also imperative that you ensure the reason you’re seeking a quiet title action is appropriate. This is another point that your attorney can help you understand. 

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