quiet title action

quiet title action
A lawsuit to determine who owns a piece of real estate and so "quiet" any disputes over the title. Such a suit arises when there is some question about title — for example, uncertainty about the boundary, claims by a lienholder, a question about an old mortgage, or an easement that's been used for years without a recorded description. A quiet title lawsuit names as defendants anyone who might have an interest (including descendants — known or unknown — of prior owners). Notice of the action must be posted on the property and published in an approved local newspaper. If the court rules that the plaintiff is the rightful owner, it will grant a quiet title judgment, which can be recorded and will settle the issue of ownership. Quiet title actions are a common example of "friendly" lawsuits in which often there is no opposition. (See also: cloud on title)
Category: Real Estate & Rental Property → Homeowners

Nolo’s Plain-English Law Dictionary. . 2009.


quiet title action
A proceeding to establish an individual's right to ownership of real property against one or more adverse claimants.

Dictionary from West's Encyclopedia of American Law. 2005.


quiet title action
I
A proceeding to establish an individual's right to ownership of real property against one or more adverse claimants.
 II A court proceeding to remove a cloud on the title to real property.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

quiet title action
n.
   a lawsuit to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. Such a suit usually arises when there is some question about clear title, there exists some recorded problem (such as an old lease or failure to clear title after payment of a mortgage), an error in description which casts doubt on the amount of property owned, or an easement used for years without a recorded description. An action for quiet title requires description of the property to be "quieted," naming as defendants anyone who might have an interest (including descendants-known or unknown- of prior owners), and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties, including known and unknown, by publication. If the court is convinced title is in the plaintiff (the plaintiff owns the title), a quiet title judgment will be granted which can be recorded and thus provide legal "good title." Quiet title actions are a common example of "friendly" lawsuits in which often there is no opposition.
   See also: notice, title

Law dictionary. . 2013.

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Look at other dictionaries:

  • Quiet Title Action — A circuit court action (lawsuit) intended to establish or settle the title to a property, especially when there is a disagreement on the title. It is a lawsuit brought to remove a claim or objection on a title. A quiet title action occurs when… …   Investment dictionary

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  • action — ac·tion n [Latin actio legal proceeding, from agere to do, carry out, initiate legal proceedings] 1 a: a judicial proceeding for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense …   Law dictionary

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