Quieting title refers to the process of removing competing claims to the same piece of real property, so the property can be peacefully enjoyed. The competing claims may be ownership claims, but they could also be other types of claimed interests such as liens or easements. If a competing claim is invalid, a party with a legitimate interest in the property may quiet the invalid claim.
COMMON QUIET TITLE ISSUES
HANDLING QUIET TITLE DISPUTES
Quiet title issues could arise for any number of reasons. When someone passes away, an heir may need to quiet the title to potential claims against the estate’s property. If someone fails to record an interest in a timely manner, a party that relied on the clear title in good faith may be able to clear away the late-recorded interest. Sometimes, a simple scrivener’s error could cause an interest to be taken against the wrong property. A fraudulent person may convey the same interest in the same property to multiple people. Regardless of the cause of the title issues, a party may quiet illegitimate competing claims.
Quiet title issues usually involve contractual rights that are easily verified. Parties that understand their rights may be able to resolve their issues by simply executing and recording the proper documentation.
If there is a legitimate dispute as to title, the completing claims will have to be resolved in a quiet title lawsuit.