A suit to quiet title is a legal procedure to establish a person’s right to ownership of real estate property against other adverse claimants. It helps clarify the ownership and validity of contracts or liens on a piece of property. An action to quiet title is different from a trespass to try title because a trespass to try title is a legal procedure for challenging the ownership of a certain property, but in a suit to quiet title, a claimant seeks to remove a defect in their chain of title such as an improper deed and so on.

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Grounds For Filing Quiet Title Actions

 

Adverse possession:

• The law allows trespassers to possess or claim property (especially land) that they use as their personal property if certain requirements are met. This principle is called adverse possession. You can file a quiet title action to prevent squatters from claiming your property.

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Boundary disputes:

• There is likely to be a boundary dispute if the deeds of adjoining property owners do not clearly describe their properties. In such a situation, a court is likely to rule in favor of the property owner whose deed was recorded first.

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Surveys that conflict:

• It is possible for neighbors to have surveys that conflict with one another. Surveyors can solve this by reviewing the chain of title. A quiet title action can be filed by either party for a clear title.

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Contact The Estate & Family Law Group to learn more about suits to quiet title. Our firm overcomes challenges. It’s what we do.