Why might you need a quiet title action?

On Behalf of | Mar 30, 2024 | Real Estate Law |

Most real estate transactions pass off relatively smoothly. The property details are correct, and the seller has the right to sell it.

Yet, sometimes, through confusion or dishonesty, details about the property are not as clear as the buyer needs them to be in order to part with their hard-earned cash.

Here are three examples of situations where a quiet title action could help:

Someone else claims the property was left to them, not the buyer

Inheritance disputes over property are common. Long lost relatives can sometimes come out of the woodwork, claiming ownership of a property the seller says they own. Or, perhaps a property is left jointly to two or more people, and one tries to sell it without the other people’s permission. A quiet title action can make clear who owns the property and has the right to sell it.

A boundary dispute

The property you are looking at seems OK until the next-door neighbor comes out to tell you that they own the fruit trees at the bottom of what you hope will be your garden. They say the seller encroached on their land, moving the fence line while they were away. The seller claims they were merely rectifying an error made in the past. A quiet title action can help determine where the real boundary lies.

A lien shows up in your checks

You discover an outstanding lien on the property. You ask the seller, and they say it must be a clerical error, as they cleared it long ago. Did they? A quiet title action can help you find out.

You put a lot at stake when buying real estate, so it’s crucial to ensure your purchase is sound. Taking legal help to uncover problems and seek solutions – such as quiet title actions, can help you make a wise investment.