Real Estate LaW
Quiet Title Actions
Quiet Title Attorney
What is a Quiet Title Action?
A quiet title action is a legal proceeding used to establish clear title against adverse claims to real property. Quiet title actions in California are governed by Cal. Civ. Code §760.010 – 765.060. The purpose of quieting title is to establish clear title against adverse claims to real property or any interest in the real property. Cal. Civ. Code § 760.020. Accordingly, a quiet title action is a legal proceeding where a person or entity (Plaintiff) claims title to all or a portion of specific real property and asks the Court for a ruling that Plaintiff’s title is superior to any interest that is claimed by the Defendant(s).
Quiet title is not an exclusive remedy and may be combined with other requests for relief. Cal. Civ. Code §760.030. Because of the nature of the remedy, it is a highly complex action requiring an in-depth factual investigation and careful analysis to advise a potential plaintiff or defendant in a quiet title action.
Common Reasons for Filing a Quiet Title Action
There are many reasons why quiet title actions are filed. Some common reasons include:
- To clear clouds on title to a property.
- To clear discrepancies or errors on a deed.
- To determine the rightful owner of real property.
- To resolve boundary disputes and surveying errors.
- To address fraudulent conveyances.
- To address easement disputes.
- To resolve claims of adverse possession.
The Process of a Quiet Title Action
Quiet title actions must be filed in the Superior Court for the county in where the real property is located. Quiet title actions are complex and generally require detailed pre-litigation factual analysis. After the pre-litigation analysis, a verified complaint is filed. The complaint is followed by a Notice of Pendency of Action (Lis Pendens) that must be recorded with the county recorder’s office and filed with the court. When a Lis Pendens is recorded against the property, potential buyers of the property will be on notice of the dispute and likely refrain from buying the property while the dispute is pending.
Per Cal. Civ. Code § 761.020, a complaint to quiet title in California must be verified and contain:
- A description of the property that is the subject of the action;
- The title of the Plaintiff as to which a determination of quiet title is sought;
- The adverse claims to Plaintiff’s title;
- The date as of which the determination is sought; and
- A prayer for the determination of Plaintiff’s title against the adverse claims.
After all parties with an interest or claimed interest in the property have presented their information and claims, the Court makes a determination and will issue a judgment that will bind all parties involved in the dispute.
The Process of a Quiet Title Action
Quiet title actions must be filed in the Superior Court for the county in where the real property is located. Quiet title actions are complex and generally require detailed pre-litigation factual analysis. After the pre-litigation analysis, a verified complaint is filed. The complaint is followed by a Notice of Pendency of Action (Lis Pendens) that must be recorded with the county recorder’s office and filed with the court. When a Lis Pendens is recorded against the property, potential buyers of the property will be on notice of the dispute and likely refrain from buying the property while the dispute is pending.
Per Cal. Civ. Code § 761.020, a complaint to quiet title in California must be verified and contain:
- A description of the property that is the subject of the action;
- The title of the Plaintiff as to which a determination of quiet title is sought;
- The adverse claims to Plaintiff’s title;
- The date as of which the determination is sought; and
- A prayer for the determination of Plaintiff’s title against the adverse claims.
After all parties with an interest or claimed interest in the property have presented their information and claims, the Court makes a determination and will issue a judgment that will bind all parties involved in the dispute.
Quiet Title Attorney
Real Estate Law Corporation™
If you need legal assistance with a quiet title action, Real Estate Law Corporation has experienced real estate litigation attorneys that serve clients in the greater Sacramento area and all over California. Real Estate Law Corporation regularly assists clients with easement disputes, title defect issues, and quiet title actions.
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