Quiet Title Action

Quiet Title Action

In real estate, if there exists a dispute between parties over ownership, a quiet title action will be utilized to determine the real owner of a property (or those who have interests in it). Such cases arise when a party claims to have ownership of a property or refuses to accept another party’s claim to ownership of said property. A quiet title action provides a very specific legal procedure and set of rules that must be followed by those involved. The plaintiff in the action is generally one that holds a legal interest in the property, and their attorney must file the action in the county’s superior court where the property is located.

5 necessary pieces of information must provide to the court

According to California Code of Civil Procedure §761, the plaintiff must provide 5 necessary pieces of information to the court: the legal and physical description of the property, title of the plaintiff or the facts for adverse possession, the claims of the adverse party regarding the title in question, date by which determination on the title is sought, and the damages the plaintiff seeks as a result of the disputed claims to ownership.

Once the action is brought to a court, it is solely up to the court to decide ownership of, or interest in, the property. Therefore, it is very important that the plaintiff and other adverse parties seek the advice of an experienced real estate attorney in order to bring forth an accurate and effective action.

The burdens of proof involved in a quiet title action are different than a civil lawsuit. The plaintiff must submit explicit, but not necessarily irrefutable, evidence of title ownership to the property. The action is considered to be an equitable one, and subsequently is not entitled to a trial by jury. The decision that is reached by the court is binding and applies to any party involved with the ownership, or has legal interests in, the property in question.

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