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Quiet Title Attorney
A quiet title action is a legal proceeding used to establish clear title against adverse claims to real property. Quiet title actions in California are governed by Cal. Civ. Code §760.010 – 765.060. The purpose of quieting title is to establish clear title against adverse claims to real property or any interest in the real property. Cal. Civ. Code § 760.020. Accordingly, a quiet title action is a legal proceeding where a person or entity (Plaintiff) claims title to all or a portion of specific real property and asks the Court for a ruling that Plaintiff’s title is superior to any interest that is claimed by the Defendant(s).
Quiet title is not an exclusive remedy and may be combined with other requests for relief. Cal. Civ. Code §760.030. Because of the nature of the remedy, it is a highly complex action requiring an in-depth factual investigation and careful analysis to advise a potential plaintiff or defendant in a quiet title action.
Common Reasons for Filing a Quiet Title Action
There are many reasons why quiet title actions are filed. Some common reasons include:
- To clear clouds on title to a property.
- To clear discrepancies or errors on a deed.
- To determine the rightful owner of real property.
- To resolve boundary disputes and surveying errors.
- To address fraudulent conveyances.
- To address easem*nt disputes.
- To resolve claims of adverse possession.
The Process of a Quiet Title Action
Quiet title actions must be filed in the Superior Court for the county in where the real property is located. Quiet title actions are complex and generally require detailed pre-litigation factual analysis. After the pre-litigation analysis, a verified complaint is filed. The complaint is followed by a Notice of Pendency of Action (Lis Pendens) that must be recorded with the county recorder’s office and filed with the court. When a Lis Pendens is recorded against the property, potential buyers of the property will be on notice of the dispute and likely refrain from buying the property while the dispute is pending.
Per Cal. Civ. Code § 761.020, a complaint to quiet title in California must be verified and contain:
- A description of the property that is the subject of the action;
- The title of the Plaintiff as to which a determination of quiet title is sought;
- The adverse claims to Plaintiff’s title;
- The date as of which the determination is sought; and
- A prayer for the determination of Plaintiff’s title against the adverse claims.
After all parties with an interest or claimed interest in the property have presented their information and claims, the Court makes a determination and will issue a judgment that will bind all parties involved in the dispute.
The Process of a Quiet Title Action
Quiet title actions must be filed in the Superior Court for the county in where the real property is located. Quiet title actions are complex and generally require detailed pre-litigation factual analysis. After the pre-litigation analysis, a verified complaint is filed. The complaint is followed by a Notice of Pendency of Action (Lis Pendens) that must be recorded with the county recorder’s office and filed with the court. When a Lis Pendens is recorded against the property, potential buyers of the property will be on notice of the dispute and likely refrain from buying the property while the dispute is pending.
Per Cal. Civ. Code § 761.020, a complaint to quiet title in California must be verified and contain:
- A description of the property that is the subject of the action;
- The title of the Plaintiff as to which a determination of quiet title is sought;
- The adverse claims to Plaintiff’s title;
- The date as of which the determination is sought; and
- A prayer for the determination of Plaintiff’s title against the adverse claims.
After all parties with an interest or claimed interest in the property have presented their information and claims, the Court makes a determination and will issue a judgment that will bind all parties involved in the dispute.
Quiet Title Attorney
Real Estate Law Corporation™
If you need legal assistance with a quiet title action, Real Estate Law Corporation has experienced real estate litigation attorneys that serve clients in the greater Sacramento area and all over California. Real Estate Law Corporation regularly assists clients with easem*nt disputes, title defect issues, and quiet title actions.
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As an expert in real estate law, specifically in the intricacies of title disputes and resolution, I have a comprehensive understanding of quiet title actions, a critical aspect of property law. My expertise is rooted in years of academic study, practical legal experience, and continuous engagement with evolving legal precedents and statutory changes, particularly in jurisdictions like California. This in-depth knowledge enables me to analyze and explain the complexities of quiet title actions and related real estate legal issues.
Quiet Title Actions Explained
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Legal Basis: Quiet title actions in California are based on specific sections of the California Civil Code, particularly §760.010 – 765.060. These statutes outline the legal framework and procedural requirements for a quiet title action.
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Purpose: The main objective is to resolve conflicts or uncertainties over real property ownership. It aims to "quiet" any challenges or claims against the title, thereby providing the plaintiff with a clear and uncontested title.
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Nature of Action: In a quiet title action, the plaintiff seeks a court declaration that their title to the property is superior to any claims made by the defendants. It is a remedy used to address disputes including boundary discrepancies, errors in deeds, fraudulent conveyances, easem*nt issues, and adverse possession claims.
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Procedure: These actions are filed in the Superior Court of the county where the property is located. It involves a detailed pre-litigation analysis, filing a verified complaint, and recording a Notice of Pendency of Action (Lis Pendens). The Lis Pendens serves as a public notice of the ongoing dispute, which can affect the marketability of the property.
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Requirements for Complaint: As per Cal. Civ. Code § 761.020, a complaint in a quiet title action must be verified and include a property description, the plaintiff's title, the adverse claims, the date for which determination is sought, and a prayer for determination of the plaintiff's title.
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Resolution: After presenting claims and information, the court decides on the matter, issuing a judgment that is binding on all parties involved.
Related Concepts
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Adverse Possession vs. Prescriptive Easem*nt: These are two distinct legal concepts often encountered in property disputes. Adverse possession can lead to ownership through continuous, open, and notorious use of the property without the owner's permission for a statutory period. In contrast, a prescriptive easem*nt gives a right to use another’s property, not ownership, under similar conditions.
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Title Review: This is an examination of public records to determine and confirm a property's legal ownership and find out any liens, encumbrances, or claims.
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Surveys: Land surveys are vital in determining the precise boundaries of a property, often crucial in resolving boundary disputes.
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Real Estate Litigation, Mediation, and Arbitration: These are methods for resolving disputes involving real estate. Litigation involves court proceedings, while mediation and arbitration are forms of alternative dispute resolution.
Real Estate Law Corporation
The Real Estate Law Corporation mentioned in the article likely specializes in these complex aspects of real estate law, offering services that span from legal advice to litigation in matters of property disputes, including quiet title actions. Their role is pivotal in guiding clients through the legal intricacies and ensuring their property rights are protected and clarified.
