What is a Quiet Title and Why is it Necessary?
When we purchase property we own it. At least that is the assumption. There are instances, however, where that assumption may not hold. In those cases, an action to quiet title may be necessary. An action to quiet title is needed when there is uncertainty or a dispute regarding the ownership of a piece of property. The uncertainty or dispute is resolved in a legal proceeding, much like a civil lawsuit.
Circumstances in Which an Action to Quiet Title is Needed
Most often, quiet title actions are used to resolve disputes or conflicts regarding ownership of a property. This could arise due to competing claims of ownership, unclear or ambiguous deeds, adverse possession claims, or other factors that cast doubt on the property’s title.
A quiet title action can address defects in what is known as the chain of title from owner to owner. These defects can include unreleased liens, erroneous legal descriptions, undisclosed easements or encroachments, or missing or defective conveyance documents. Clearing these defects is essential to establish a marketable title and ensure the property’s value and marketability. You cannot sell a property, take out a mortgage, or refinance with a clouded title; a clear title is necessary.
In addition, title insurance companies typically require a clear title before issuing a title insurance policy. By quieting title and resolving any title issues or defects, property owners can obtain title insurance to protect against future claims or challenges to their ownership of the property.
You may think about a quiet title action as providing a legal remedy to preempt potential future disputes or litigation over the property’s ownership. Quieting title is necessary to resolve ownership disputes, clear defects in title, protect property rights, obtain title insurance, prevent future litigation, enhance marketability, comply with lender requirements, and protect real estate investments. By obtaining a court decree confirming your title to the property, you can mitigate the risk of future challenges and enjoy peace of mind regarding your property rights.
The Procedure for Quieting Title
An action for quieting a title comes into play with the discovery of the clouded title. This most likely will arise within the context of a dispute or other issue regarding the title. This could be when another claims to own the property, you discover an unresolved lien, an undisclosed heir makes a claim to the property, you discover missing or defective deeds, or other defects in the chain of title come to light.
To begin the quiet title action, the property owner or their attorney files a petition in the county court where the property is located. The petition outlines the basis for the action, the nature of the title issue, and the relief sought, which is typically a court decree confirming the owner’s title to the property.
Once the petition is filed, you have to serve notice of the quiet title action to all parties with a potential interest in the property, including known lienholders, mortgage holders, co-owners, heirs, and any other parties with a potential claim to the property. This is typically done through certified mail or publication, as directed by the court.
During the quiet title action, the parties involved may engage in discovery, which involves gathering evidence and information relevant to the title issue. This may include reviewing documents such as deeds, mortgages, title reports, surveys, and other records related to the property’s history and ownership.
In some cases, the parties involved may attempt to resolve the title issue through negotiation, mediation, or settlement discussions. If a resolution cannot be reached, the case may proceed to trial.
At trial, the court will hear arguments and evidence from both sides and makes a determination regarding the property’s ownership and any outstanding title issues. If the court finds in your favor, it will issue a judgment quieting title, confirming clear and marketable title to the property.
You must then record the judgment in the county where the property is located. Recording the judgment provides notice to the public of the resolution of the title issue. In addition, in some cases, quieting title may involve resolving outstanding liens or encumbrances on the property that affect title. You may then choose to obtain title insurance to protect against future challenges to the property’s ownership.
Quiet title actions can be complex legal proceedings, and property owners are strongly advised to seek the assistance of a Tulsa quiet title attorney. Your attorney can provide guidance throughout the process, help navigate any legal complexities, and ensure that your rights and interests are protected.
Consult With a Tulsa Quiet Title Attorney
Bring us your questions and let’s see what we can do to help you reach your goals. We are here for you at Oklahoma Will & Trust. To make an appointment for your consultation, call (918) 876-4500. A skilled and sympathetic quiet title attorney can help you take care of your loved ones and reach your estate planning goals.