Before the legal rights to a property can be passed on to a purchaser in Louisiana, the title must be clear of any encumbrances, liens or other claims to ownership. If a title search reveals a title defect, or cloud, Cornell Law School’s Legal Information Institute explains that a person who has an ownership claim on the property has the right to file a quiet title action.
EasyTitleSearch.com explains that typically, all those who may have a claim on the property must be served with a notice of the action. When it is not possible to accomplish notification through service, the person filing the action must publish the notice in a local publication for four consecutive weeks. If no one comes forward to contest the action, then the judgment is in favor of the filer due to default.
If another party does come forward with a claim on the title, the plaintiff has the burden of proof in showing why he or she should be the rightful legal owner. However, it is possible that those who have a claim to the property will relinquish that claim voluntarily.
Because it is so important to ensure that a title is clear of errors, a quiet title action may also be filed to remove any mistakes that are on the public record for the property. For example, if an easement is added to or removed from the title, but the changes are not recorded properly, the action clears the title of documents that were recorded with mistakes.