Updated on February 7, 2018
One of the more frequent scenarios we see in our real estate practice in Los Angeles is a party’s desire to be placed on title to real property even though record title is not in their name. The typical factual scenarios we see are:
Over the last 10 years we have litigated nearly many different variations of the factual scenarios set forth above. In each case, we always have to take in account the evidentiary presumption that the owner of legal title is presumed to be the owner of full beneficial title. Specifically, Evidence Code 662 provides:
“The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof.”
Depending on which side of the case you are on this presumption can be useful or problematic. Ultimately, we always look for a writing, witnesses, and other evidence that will help prove the full beneficial owner.
To inquire about a free consultation on your quiet title matter, please contact us today. We have extensive experience in this area of law and know the ins and outs of quiet title matters at a level that is hard to match given the frequency with which we litigate these matters. You can give us a call at (310) 954-1877, or send us an email at [email protected]. You can also send us a text at (310) 706-2265.
See related: How to Quiet Title to Old Liens on Real Property