Quiet Title Lawsuit
A quiet title lawsuit is typically filed to resolve a dispute about who owns a parcel of real estate, to remove title defects, or to resolve boundary line disputes.
Ownership Disputes
Ownership disputes often occur when two or more documents create uncertainty about who owns the property. For example, an owner might sign two separate deeds transferring ownership of the same property to two different people. A quiet title lawsuit can resolve which person is the owner. Additionally, people who buy property at a tax sale or a sheriff’s sale typically must obtain a quiet title judgment in order to subsequently sell that property. On the other hand, an owner who loses property in a tax sale, sheriff’s sale, or foreclosure might file a lawsuit to set aside the collectors deed, sheriff’s deed, or trustee’s deed and to quiet title in his favor. Finally, a count to quiet title is often included in lawsuits for adverse possession, declaratory judgment, partition of land, and reformation of deed.
Title Defects
Title defects typically involve mistakes made in written documents that are recorded. Examples include a missing or forged signature, an unnotarized signature, one or more persons left off the title, an incorrect person included on the title, and an incorrect legal description of the property. A quiet title lawsuit explains how the defect occurred and asks the court to enter a judgment correcting the defect.
Boundary Line Disputes
Finally, quiet title lawsuits are frequently used to resolve boundary line disputes and encroachments. Such disputes often involve one owner placing an object on a neighbor’s parcel of land. Such objects typically involve fences, walkways, buildings, such as houses, garages, and sheds, driveways, swimming pools and vegetation. However, the more permanent the structure, the more difficult it will be for a judge to order the object removed. In those cases, a judge may be reluctant to order a person to remove a portion of their house, for example, that overlaps onto a neighbor’s property. Instead, the court might grant an easement for the encroachment.
This article is for general informational purposes only, and it is not intended as legal advice.
Michael Sewell has successfully litigated numerous Missouri real estate and business related lawsuits since 2005. Please contact Michael at (314) 942-3232 or at michael@sewelllaw.net to discuss your litigation or other legal matters.
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