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Real Estate

Quiet Title Action

A quiet title action is a lawsuit to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. Such a suit usually arises when there is some question about clear title, there exists some recorded problem, there is an error in the description of the property which casts doubt on the amount of property owned, or there is an easement that has been used for years without a recorded description.

An action for quiet title requires a description of the property to be "quieted," naming as defendants anyone who might have an interest (including descendants known or unknown  of prior owners), and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties, including known and unknown, by publication. If the court is convinced title is in the plaintiff (the plaintiff owns the title), a quiet title judgment will be granted which can be recorded and thus provide legal "good title."

Quiet title actions are a common example of "friendly" lawsuits in which often there is no opposition.

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