Quiet title
Encyclopedia
An action to quiet title is a lawsuit
brought in a court
having jurisdiction
over land disputes, in order to establish a party's title to real property
against anyone and everyone, and thus "quiet" any challenges or claims to the title.
This legal action is "brought to remove a cloud on the title so that plaintiff and those in privity with her may forever be free of claims against the property. The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment
.
This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment
action "to recover possession of land wrongfully occupied by a defendant." However, there are slight differences. In an ejectment action, it is typically done to remove a tenant
or lessee in an eviction
action, or an eviction after a foreclosure
. Nonetheless, in some states, all terms are used synonymously.
through which the previous owner disclaims all interest, but does not promise that good title is conveyed. Such an action may also be brought to dispel a restraint on alienation
or another party's claim of a nonpossessory interest in land
, such as an easement
by prescription.
Other typical grounds for complaint include:
of sale, a quiet title action will give the party seeking such relief no cause of action
against previous owners of the property, unless the plaintiff in the quiet title action acquired its interest through a warranty deed and had to bring the action to settle defects that existed when the warranty deed was delivered.
One has to be careful about talking about quiet title actions in the context of registration systems. Quiet title actions really have no applicability where a registration system is in place, having been wholly replaced by the registration statutes. Quiet title actions derive in common law
jurisdictions from a common law equitable
cause of action by the same name. In many jurisdictions they have been supplemented or replaced by a statutory cause of action, which may or may not have the same legal elements of the common law action. Where dealing with statutory quiet title it is more appropriate to talk about actions in the nature of quiet title.
Quiet title actions do not “clear title” completely. They are actions for the purpose of clearing a particular, known claim, title defect, or perceived defect. Contrast title registration which settles all title issues, both known and unknown. Quiet title actions are always subject to attack and are particularly vulnerable to jurisdictional challenges, both subject matter and personal, even years after final court decree in the action. It usually takes 3–6 months depending on the state where it is done.
A quiet title action is also subject in many geographic jurisdictions, to a Statute of Limitations
. This limitations of action is often 10 or 20 years.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
brought in a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
having jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over land disputes, in order to establish a party's title to real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
against anyone and everyone, and thus "quiet" any challenges or claims to the title.
This legal action is "brought to remove a cloud on the title so that plaintiff and those in privity with her may forever be free of claims against the property. The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
.
This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment
Ejectment
Ejectment is the common law term for civil action to recover the possession of and title to land. It replaced the old real actions as well as the various possessory assizes...
action "to recover possession of land wrongfully occupied by a defendant." However, there are slight differences. In an ejectment action, it is typically done to remove a tenant
Leasehold estate
A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....
or lessee in an eviction
Eviction
How you doing???? Eviction is the removal of a tenant from rental property by the landlord. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession, among other terms...
action, or an eviction after a foreclosure
Foreclosure
Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...
. Nonetheless, in some states, all terms are used synonymously.
Grounds for a quiet title action or complaint
It comprises a complaint that the ownership (title) of a parcel of land or other real property is defective in some fashion, typically where title to the property is ambiguous for example, where it has been conveyed by a quitclaim deedQuitclaim deed
A quitclaim deed is a legal instrument by which the owner of a piece of real property, called the grantor, transfers his interest to a recipient, called the grantee. The owner/grantor terminates his right and claim to the property, thereby allowing claim to transfer to the...
through which the previous owner disclaims all interest, but does not promise that good title is conveyed. Such an action may also be brought to dispel a restraint on alienation
Restraint on alienation
A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. Under the common law such restraints are void as against the public policy of...
or another party's claim of a nonpossessory interest in land
Nonpossessory interest in land
A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another...
, such as an easement
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
by prescription.
Other typical grounds for complaint include:
- adverse possessionAdverse possessionAdverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property . By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true...
where the new possessor sues to obtain title in his or her own name; - fraudulent conveyanceFraudulent conveyanceA fraudulent conveyance, or fraudulent transfer, is a civil cause of action. It arises in debtor/creditor relations, particularly with reference to insolvent debtors. The cause of action is typically brought by creditors or by bankruptcy trustees...
of a property, perhaps by a forged deed or under coercionCoercionCoercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
; - Torrens titleTorrens titleTorrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register...
registration, an action which terminates all unrecorded claims; - treatyTreatyA treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
disputes regarding the boundaries between nations; - tax takingTax takingTax taking is a form of forced sale by taxation authorities in lieu of unpaid taxes.- Auction for Tax Bills :Richland County, South Carolina is a typical tax deed county. If the taxes are unpaid for five years then the tax bill will be sold at an auction...
issues, where a municipality claims title in lieu of back taxes owed (or a subsequent purchaser of land at a tax sale files action to gain insurable title); - boundaryBorderBorders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...
disputes between states, municipalities, or private parties; - surveyingSurveyingSee Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
errors - competing claims by reverters, remainderRemainder (law)A remainder in property law is a future interest given to a person that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument...
s, missing heirsMissing heirsA missing heir is a person related to a decedent , or testator of a will, but whose residence, domicile, Post office, or other address is not known...
and lien holdersLienIn law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...
(often arising in basic foreclosure actions when satisfied liens are not properly discharged from title due to clerical or recording errors between the county clerk and the satisfied lien holder)
Limitations
Unlike acquisition through a deedDeed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
of sale, a quiet title action will give the party seeking such relief no cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
against previous owners of the property, unless the plaintiff in the quiet title action acquired its interest through a warranty deed and had to bring the action to settle defects that existed when the warranty deed was delivered.
One has to be careful about talking about quiet title actions in the context of registration systems. Quiet title actions really have no applicability where a registration system is in place, having been wholly replaced by the registration statutes. Quiet title actions derive in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions from a common law equitable
Equitable
-Companies:*Scottish Equitable, is an investment company located in Edinburgh*Equitable PCI Bank*The Equitable Life Assurance Society, life insurance company in the United Kingdom...
cause of action by the same name. In many jurisdictions they have been supplemented or replaced by a statutory cause of action, which may or may not have the same legal elements of the common law action. Where dealing with statutory quiet title it is more appropriate to talk about actions in the nature of quiet title.
Quiet title actions do not “clear title” completely. They are actions for the purpose of clearing a particular, known claim, title defect, or perceived defect. Contrast title registration which settles all title issues, both known and unknown. Quiet title actions are always subject to attack and are particularly vulnerable to jurisdictional challenges, both subject matter and personal, even years after final court decree in the action. It usually takes 3–6 months depending on the state where it is done.
A quiet title action is also subject in many geographic jurisdictions, to a Statute of Limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
. This limitations of action is often 10 or 20 years.