Quiet title is (in the most basic explanation) a legal action/lawsuit to establish a party’s title to real property. Simply put: A quiet title action can establish which party legally owns the property.
A quiet title action is not cheap and involves title search; filing fees; process server; publication (and more if you use the services of an attorney) and possibly surveying fees (for land). The costs can accrue well in excess of $1,000 (without attorney fees) and more if one of the defendants is deceased.
Thus, the term quiet title can be misleading. Disputes over property are rarely ‘quiet” and can be loud, expensive and contentious.
The term ‘quiet’ refers to the end result of an action – the ‘quiet title’ can ‘quiet’ any challenges or claims to the title of real property.
Quiet titles may not be as rare as assumed. If a person is unsure whether they own ALL rights to real property, as in the case of easements on land; liens on property; a mortgage; boundary dispute then chances are quiet title action could be the resolution.
Hint: Prior to selling your home/property you can get a copy of the deed and read it carefully! Make sure there are no unexpected liens or easements filed.
Unsure? Consult with a qualified attorney.
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