Featured News 2014 What Is a Quiet Title?

What Is a Quiet Title?

A quiet title is a lawsuit that is filed to establish ownership of real property. Normally, quiet titles make it possible to grant a clear title to a single owner when there are several different claims to ownership on a particular piece of property. Fail to report changes of ownership to the authorities or various situations may make it so that multiple parties believe they own a particular home. A quiet title is one of the best ways to establish who actually has ownership of the property.

This procedure is called a quiet title action because it has the ability to "quiet" all other claims of ownership. The action will also remove "clouds." A cloud is any claim of full ownership on the property or claim of partial ownership such as a lien that does not exceed the value of the property.

One reason that quite titles are helpful is when a former property owner has a quitclaim deed. These deeds ensure that a previous owner relinquish all rights to a property. However, the quitclaim does not necessarily require that the title be cleared. This means that the owner can claim interest in a property even after the quit claim deed was put into action. The current owner can file a quiet title to make sure that he or she is the only one on the property title and therefore the only one with authority over the property.

Quiet titles provide additional security after a quitclaim deed, and can help an owner to be sure that the title is considered good and useful. Also, in some inheritance disputes, a quiet title may be necessary. For example, if an individual chooses to sell his home to a designated buyer, but then dies and the home is transferred to a son in inheritance, both the son and the buyer may claim that they own the home.

The individual who successfully receives a quiet title will be able to secure his or her ownership on the title. If you want more information about quiet titles and how they affect real estate law, don't hesitate to contact a local real estate attorney at a local law firm today!

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