Suit To Quiet Title Texas
A suit to quiet title is a legal procedure to establish a person’s right to ownership of real 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.
Why People File A Quiet Title Action Lawsuit
An individual can claim some or full interest or right in a piece of property owned by another party. Any claim or a potential claim to ownership of the property is called a cloud. The party that owns that property can dispute the claim by claiming that it is invalid or unenforceable. In such a situation, the title holder can file an action to “quiet title”- also called a suit to remove a cloud from the title.
You as the property owner can file a quiet title action to obtain a court decree or declaration that the adverse party’s claim is invalid. A property owner can bring a quiet title action regardless of whether the adverse party is asserting a present right to gain possession of the property. Such a decree will clear or “quiet” the title to the property. An action to quiet title is often used to establish ownership of land and the improvements affixed to that land. You need the services of a lawyer to file this suit and for guidance on how to navigate the whole process.
What To Consider When Filing A Quiet Title Action
You cannot receive money damages from a successful prosecution of a suit to quiet title. The main purpose of filing a quiet title action is to establish a clear owner of the property, and prevent any person trying to claim ownership in the future. After filing a quiet title action in court the defendants will be notified and given time to respond to the complaint. If the defendant’s do not respond within the required time period, the person that filed the quiet title action will be granted a clear title.
Grounds For Quiet Title Actions
Some of the grounds for filing a quiet title action include:
- Adverse possession: The law allows trespassers to posses 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.
- 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.
- 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.
