There are all kinds of problems that can crop up with a deed on a piece of real estate — and ownership interests can get very confused.
When more than one party may have a claim on a piece of property, one of those parties may eventually initiate a quiet title action to establish their true ownership and “clean up” the deed.
When might someone pursue a quiet title action?
One of the primary instances in which someone might pursue a quiet title action is when there are defects on the title.
A title company or real estate attorney might analyze the deed in this instance to see if there are liens against the property due to unpaid taxes or a contract breach. One of these parties may also check to see if there are recording errors, such as a mortgage payoff not being recorded, misspelled names or other obvious errors. The title company or attorney’s goal in this situation is to clear up any such discrepancies.
Another situation that may warrant a property owner taking a quiet title action is a boundary dispute between neighbors. There might be an old easement, for example, that neighbors must sort out. One party might file a quiet title action lawsuit to do so.
It may also be necessary for the personal representative of an estate to initiate a quiet title action to address ownership rights disputes among heirs. The personal representative may need to initiate a quiet title action to liquidate property in the estate to distribute the assets to the heirs. Interested parties may initiate a quiet title action to verify their consent to sell a property before providing its new owner with a clean title as well.
Handling complex real estate matters
Real estate issues can be exceptionally challenging to resolve. Working with an experienced attorney is often the best route to take, and it can save you a lot of distress and problems down the road.