Define: Quiet Title Action

A quiet title action is a legal proceeding used to establish ownership of real property and clear any uncertainties or disputes regarding its title. This action is typically initiated by a property owner when there are competing claims, encumbrances, or defects in the title that need to be resolved. The purpose of a quiet title action is to obtain a court judgment that confirms the rightful owner’s title and removes any clouds on the property’s title, thereby providing clear and marketable title. This legal process involves notifying all interested parties, conducting a title search, and presenting evidence to the court to demonstrate ownership. A successful quiet title action can help resolve disputes and enable the property owner to sell, transfer, or mortgage the property with confidence.

Such a suit usually arises when there is some question about clear title, there exists some recorded problem (such as an old lease or failure to clear title after payment of a mortgage), an error in description which casts doubt on the amount of property owned, or an easement used for years without a recorded description. An action for quiet title requires a description of the property to be “quieted,” naming as defendants anyone who might have an interest (including descendants-known or unknown- of prior owners), and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties, including known and unknown, by publication. If the court is convinced title is in the plaintiff (the plaintiff owns the title), a quiet title judgment will be granted which can be recorded and thus provide legal “good title.” Quiet title actions are a common example of “friendly” lawsuits in which often there is no opposition.

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This glossary post was last updated: 29th March, 2024.