You may need to file a quiet title lawsuit in any of the following cases:
- Adverse possession: Commonly known as “squatters’ rights,” occurs when a trespasser occupies a property without authorization. If they continue to do so for a certain period, they may gain legal rights to the property through a quiet title action. Adverse possession can arise from honest mistakes or boundary disputes.
- Break in the chain of title: The chain of title is a record that traces the historical ownership of a specific piece of real estate. Sometimes, the current ownership of a property might be unclear. Filing a quiet title suit can help clarify any title issues and establish rightful ownership.
- Boundary disputes: In certain cases, quiet title suits are employed to resolve property line disputes rather than issues related to deeds or titles.
- Easement: An easement grants another individual or entity the privilege to access a property for designated purposes, such as sharing a driveway.
- Estate sale: When purchasing a property through an estate sale, there is a possibility of potential claims from family members of the previous owners. These claims may arise if the family members were not adequately informed about the sale and may assert their rights to the property.
- Removal of lien holders: If you believe that a lien against your property is unwarranted, you can pursue a quiet title action. This legal action will require the lien holders to appear in court and defend their lien. If they fail to do so, the court may decide to remove the lien from your property.
- Quitclaim deeds: Quitclaim deeds offer a quick way to transfer property interest, where the current owner relinquishes their claim to the property, facilitating an easy transfer to someone else. However, this process may not provide the buyer with proper protections, and other individuals may claim rights to the property, leading to a quiet title proceeding. To mitigate risks, title insurance should be considered.
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