Updated on September 25, 2024
To “quiet title” means to establish the rights regarding legal title to a property, effectively resolving any disputes or “clouds” on the title. Sometimes the umbrella term is even used to establish someone’s right to be on title or to have an easement on title even though they are not presently on title. The term is used to describe the legal process undertaken to establish legal title and clear any competing claims. A quiet title action is a lawsuit filed in court to resolve these disputes and clarify who holds rightful ownership of a property. This is particularly important in real estate, where the clarity of title is crucial for ensuring the marketability and transferability of property. Quiet title claims are one of the most common types of claims we handle at Schorr Law. Moreover, they are the swiss army knife of legal actions that can help fix problems with competing claims to the real property bundle of rights.
What is a Quiet Title Action?
A quiet title action is a legal proceeding that determines the rightful interest in real property when there is a dispute or uncertainty about the title. The action is filed in the county where the property is located, and it requires a court to rule on the validity of competing claims to the property. Under California law, the quiet title action procedure is governed by specific civil codes, including Cal. Civ. Code §§ 760.040, 760.050, and California Code of Civil Procedure § 761.020. These codes outline the necessary steps and requirements for a quiet title action. It is possible to bring a quiet title claim in counties other than the one where the property is located but if the defendant challenges it then the action may be moved to where the property is actually located for (in rem jurisdiction).
How a Quiet Title Action Works
When a quiet title action is initiated, the plaintiff must file a verified complaint in court, which contains:
- A description of the property.
- The title held by the plaintiff.
- Any adverse claims to the plaintiff’s title.
- The date as of which the determination is sought.
- A prayer for the determination of the plaintiff’s title against any adverse claims (California Code of Civil Procedure § 761.020).
The plaintiff bears the burden of proof to establish ownership by “clear and convincing” evidence, particularly when challenging a person who holds legal title to the property (Cal. Evid. Code § 662). The court will then examine the evidence and, if satisfied, will issue a judgment quieting the title in favor of the rightful owner. A judgment in a quiet title action is binding against all named parties who have a claim to the property (Cal. Civ. Code § 764.030). However, it does not affect any person not named in the action if their claim was known or should have reasonably been known to the plaintiff (Cal. Civ. Code § 764.045). One way to protect against unnamed claimants later making a claim to the property is to name all unnamed defendants and publish the action in a newspaper of general circulation.
Why File a Quiet Title Action?
Quiet title actions are essential for resolving various real estate disputes, including:
– Boundary Disputes: Arise when adjoining property owners disagree on the exact location of property lines.
– Discrepancies/Errors on a Deed: Clerical errors on deeds that need correction to accurately reflect ownership.
– Easement Rights: Clarify the existence, extent, or rights associated with an easement (the right to use another’s property for a specific purpose).
– Claims by Lienholders: Resolve issues related to unpaid taxes or liens that encumber the property.
– Adverse Possession Claims: Address claims where someone has occupied land under specific conditions for a certain period and claims ownership.
– Disputes Between Co-Owners: Resolve disagreements among co-owners or heirs about the division or ownership of property.
– Errors in Public Records: Correct mistakes in deeds, maps, or other public records that may affect the title.
Special Considerations When Filing for a Quiet Title Action
There are several special considerations to keep in mind when filing for a quiet title action:
- Litigation Guarantee or Boundary Inspection:
Obtaining a litigation guarantee or conducting a boundary inspection is vital before filing a quiet title action. A litigation guarantee is a type of title insurance where a title company confirms all parties with a recorded interest in the property and their last known addresses. This ensures that the quiet title action is binding on all necessary parties. If a party with an interest in the property is not named in the lawsuit, any judgment issued may not bind them, which could lead to future disputes. With a litigation guarantee you are essentially buying insurance on the fact that they have named all the proper parties to the litigation. A boundary inspection, often carried out by a surveyor, helps to accurately determine and describe the disputed area, which is particularly important in cases involving boundary disputes.
- Consequences of Not Properly Filing for Quiet Title:
Failing to properly file a quiet title action or omitting necessary parties can have severe consequences. A judgment in a quiet title action is only binding on the parties named in the action (Cal. Civ. Code § 764.030). If a person with a known or reasonably discoverable claim is not included, their rights may remain unaffected by the judgment, allowing them to bring a future claim against the property. Moreover, errors or omissions in the filing can result in the court dismissing the action, which could prolong the resolution process and increase legal costs. We routinely do quiet title actions so we know the ins and outs of how to do them and how to avoid common problems.
- Unique Disputes and Legal Nuances:
Quiet title actions may also involve unique disputes such as adverse possession, where someone claims ownership due to prolonged, open, and notorious use of the property. In these cases, the plaintiff must present evidence of continuous use under the conditions prescribed by law. Additionally, disputes involving easements, tax sales, or foreclosures may have specific legal requirements or considerations that need careful attention.
Importance of Hiring a Specialized Attorney
Given the complexity and legal nuances involved in filing a quiet title action, hiring a specialized real estate attorney is crucial. An experienced attorney can help navigate the intricacies of property law, ensure that all necessary parties are included in the lawsuit, and prepare a strong case to prove rightful ownership. They can also help mitigate risks, such as improper filings or the exclusion of necessary parties, which could jeopardize the success of the action.
At Schorr Law, our team of real estate specialists has extensive experience litigating quiet title actions in California. In fact, Mr. Schorr frequently lectures on quiet title actions and helps to educate other attorneys on how to do them properly. We understand the importance of securing clear title and are committed to guiding our clients through every step of the process. If you have concerns about a property title or are considering filing a quiet title action, contact us today to schedule a free consultation. Call us at 310-954-1877, fill out a form here, or reach out via text to speak with one of our top-rated attorneys. We are here to help you protect your property rights.