Quiet Titles Law
There are times when ownership of property is in doubt. There may be various competing claims regarding part of a property or ownership of the property in general. The owner’s ability to sell the property and transfer title can be encumbered by other people who claim to have an interest in all or part of the land. It may be necessary to judicially determine ownership of the property before a transaction can occur. In other cases, a person who claims to own part of the land may want to establish their property right. When that happens, one may file an action to quiet title in the land. A judge will review the facts and evidence and determine who owns the land.
You need a real estate attorney to gather evidence in your favor and present your case in front of a judge. Alternatively, you may negotiate a settlement with the other party that resolves any dispute about ownership of the land.
When a Quiet Title Action May Be Necessary
Quiet title actions can arise in several contexts, including the following:
- Boundary disputes: When the dividing line between two properties is not entirely clear, or the two owners each have their own opinion, they may end up in litigation. There may have been an erroneous survey in the past that created confusion about the actual demarcation line between the two properties. One or both parties may want some clarity in the dispute, so they might file an action to quiet title. A judge may review historical property records or other evidence each party puts forth to determine the actual boundary between the two properties. An owner may be unable to sell the property when the boundary between their property and that of another is not fully determined.
- Family disputes: The property owner may have died without leaving a will. There can be competing claims for the property among family members. One may want to establish that they are the rightful owner of the land. There may not be a clear record of ownership, and multiple family members believe they own the land. The court will then determine which family member owns the land. In addition, there may be an heir to the property who was named in the will and cannot be located. Their presence as an owner of the property can complicate a potential sale. Property ownership needs to be established and clarified before any transaction can occur.
- Abandoned homes: Someone may want to purchase an abandoned home or property, but they may not know the true owner. An external third party may claim to be the owner, complicating any potential sale. The new owner would need to have the title cleared so they know they would be the true owner of the land. Many people may purport to own an abandoned property and try to sell it.
- Liens on the property: When a lien is against a property, the owner cannot sell it. They need to clear the lien before the property can be sold. There may be a dispute about the validity of a lien, especially if it was filed under a previous owner of the land. An improper lien may need to be removed, and a judge can do that in a quiet title action.
- Mortgage liens: When a property is paid off, the mortgage holder must release any lien on it. If they do so, the property owner can file a quiet title action to clear up any cloud on the title.
Adverse possession: State law provides that one may take ownership of the property if they act in a manner consistent with ownership of the land under color of title, and the true owner does not object to it. This ownership must persist consistently for a certain number of years. For example, an adjacent property owner may build a shed on another owner’s land when the demarcation of the border line between the properties is not set. They can be declared the owner of the portion of the land that they have used through adverse possession. The law wants the land to be used beneficially, placing the onus on the true owner to object to the use.
Quiet title actions are often used when one party wants an easement declared to formalize their right to use the land. An easement is the right to access or use property. One may have used someone else’s property to pass through to reach somewhere else. If one does not have an easement by necessity, they will want a judicial declaration that they have the right to use the property of another. The owner may have an interest in extinguishing any potential easement because it can reduce the value of their own property. Either party may file a lawsuit to quiet title and have a judge resolve the situation.
How to Win a Quiet Title Case
There are numerous steps that you need to take to position yourself for success in a quiet title case. The first and perhaps most crucial step you can take is contacting a real estate lawyer to represent you in your case. It can be difficult to win a quiet title case on your own.
Then, you need to gather any evidence that supports your position. You may have old property records, deeds, or pictures of the property over time. You should do all the research that you can to strengthen your own position. Make sure to give any documentation and evidence to your real estate lawyer so they can build on your research and develop your case.
You need to understand who the opposing parties are in a quiet title action. This can be the owner of the land or someone who may have a claim to the property. There may even be more than one defendant who you would need to name in a quiet title action. It is essential to know all possible defendants so your action can be definitive and remove all clouds upon the title.
The Legal Process in a Quiet Title Case
A quiet title case proceeds much like any other lawsuit, even though you seek a judicial declaration instead of any monetary damages. Once you figure out who the defendants are, your real estate lawyer can draft a legal complaint in your case. They will file it with the court and serve notice on the defendants. Once that happens, you initiate legal proceedings.
The other party may file their own counterclaim against you. They may have their own interests in the property, and they can file a lawsuit. Then, you become both a plaintiff and a defendant in the court proceedings.
You may negotiate your own resolution with the other party or parties. These negotiations mean you might reach a settlement and avert the need for litigation. Reaching a settlement may be in your interest because you can reduce your risk.
Your case will likely proceed to trial if you do not reach a settlement. Your knowledgeable real estate lawyer will present your evidence and arguments in court to a judge, who will then reach a determination about the ownership of the property. The end result is that you have certainty about who really owns the property or has the right to access it. Even if the result does not go in your favor, you at least know what interest you may have in the land to sell.
The Results in a Quiet Title Action
The best possible scenario in a quiet title action is that you win your case, and you get a title to the property that is free and clear of any liens or claims. You remove any clouds on the title. There will be unambiguous ownership of the property, and you protect your interests. You may clear up any administrative issues, such as an error in the title. This result allows you to make future transactions in connection with the property without any difficulty.
How a Real Estate Lawyer Helps You in a Quiet Title Action
A quiet title has very high stakes because the very ownership of the property is on the line. If you are the property owner, you may be unable to sell your property and realize the full market value. If you are someone else who is filing a quiet title action, you have a vested interest in the land, and you may have even made your own investments in the property. Your ownership of your own property may be at stake, and your property value can suffer if you lose the quiet title action.
You need to contact a real estate lawyer when you suspect there might be a cloud on the title of a property you own. You should also get help from a real estate attorney if you are seeking to establish your ownership of part of the property or the entire parcel.
A real estate lawyer provides you with vigorous legal representation. They can gather evidence on your behalf. Your real estate lawyer can also draft the complaint you file with the court and build your case during litigation. If your case goes to trial, your attorney can call witnesses and present your evidence to the judge.
When to Contact a Real Estate Lawyer for a Quiet Title Action
Your real estate attorney is most effective when you hire them early in any dispute involving ownership or interests in land. A real estate lawyer can speak with other potential parties and potentially resolve a dispute without even the need for litigation. Similarly, you should hire an attorney to defend you if you suspect someone else may file a quiet title action. A real estate lawyer must have time to prepare your case and present the most robust possible defense so you can preserve your own interest in the property.
Quiet title actions often happen in court on an accelerated timeline. While other types of litigation can take years, the court system recognizes it is imperative to resolve these disputes quickly to clear up any clouds on the title and allow for transactions involving the land.
How to Avoid a Quiet Title Action
You may be better off avoiding a quiet title action in the first place and not having to go to court. If you purchase property, you should buy title insurance, which can protect you against most defects in the title. Then, if you own property, you should be proactive about preventing any uses of your land that are inconsistent with your ownership of it. For example, if someone is using your property without your permission, you should put a stop to it. If the person will not stop using your land, you may file legal action of your own, including a potential action for trespass.
If you are purchasing property, you should research the title before closing the deal. There is a greater chance that all parties to the transaction will cooperate at this stage when they have an interest in closing the deal. Further, you should hire a real estate lawyer to represent you in the closing process. They will perform a title search on the property to check for any liens or competing claims. A real estate attorney will perform research to verify that the owner actually owns the land that they are trying to sell you. It is always better to make an investment now to avoid future problems.
Why You Should Never Wait to Consult a Real Estate Attorney
Waiting to consult a real estate attorney can have serious consequences. Without legal representation, you may find yourself facing unexpected challenges and pitfalls that could have been easily avoided.
By consulting a Seattle real estate attorney early on in the process, you can proactively address any concerns or questions that may arise. They will provide you with the guidance and support needed to make informed decisions and protect your investment.
Don’t wait until it’s too late. Trusting the expertise of a real estate attorney is a wise investment that can save you from costly mistakes and legal headaches down the road.
Dickson Frohlich Phillips Burgess – Seattle Office
1420 5th Avenue, Suite 2000
Seattle, WA 981010
