What is a quiet title action and why would you file one?

What is a quiet title action and why would you file one?

| Jul 31, 2020 | Real Estate Litigation |

Owning property in Louisiana and elsewhere is both valuable and lucrative. Whether one is a home owner and owner of residential property or owns commercial property, certain property rights are extended to an owner. While it may seem straightforward, a property owner owns the property they purchased as it is described in the purchase agreement. Nevertheless, it may be necessary to take legal action to ensure that your rights as a property owner are protected and upheld, such as maintaining ownership of all the property purchased.

What is a quiet title action?

A quiet title action is designed to ensure your property rights are maintained and protected in the event that someone else is seeking to claim ownership of your property or a portion of it. A quiet title action is necessary when you are seeking clear title. Clear title is essential for those trying to obtain financing for the property or when a person is seeking to sell the property. A clear title is proof that the property is yours and no one can claim ownership or rights to the property in question.

A quiet title action is performed as a means to establish clean title. It essentially quiets anyone that might attempt to challenge the ownership of the property now or in the future. It also helps ride any issues that could possibly cloud the title.

Why might you file a quiet title action?

There are various situations that could lead a property owner to question whether they have a clear title or not. Thus, the following situations might give rise to a quiet title action. First, if the property boundaries are uncertain, this action may be necessary. This is especially true if there was an incomplete survey, a lack of a survey or an ongoing dispute about boundary lines with a neighbor.

Other reasons include an easement on the property, questions regarding an old mortgage by a pervious owner being paid off, claims by lienholders, errors in the deed and heir attempting to claim ownership of the property in question. For any of these issues, a quiet title action could help resolve the matter.

Dealing with this and other real estate law matters may be complex and confusing for property owners. Thus, it is important to understand your situation, what rights you have and how best to move forward with any legal action.