When the rightful owner of a property is in question, a quiet title action may be used in Florida to clarify ownership. A quiet title suit is a legal proceeding typically used when there is a clerical error attached to a title or when potential property owners need to settle a dispute. The intended purpose of a quiet title is to convert an uncertain title into one that could be clearly marketed or transferred.
Settling a title dispute
Arguments over property ownership are quite common, and real estate litigation can be costly and complex. Neighbors may have property ownership disputes over easement rights or incorrect property line records. Property disputes are also common when someone dies and there is an estate to be settled. Often, if there is no will, the real owner of property could be unclear and will need to be litigated. A quiet title action can help to eliminate disputes with those who have no legal claim to the property.
Clerical errors and quit claim deeds
It is not uncommon for an error to be made during a real estate transaction that creates issues with a title. Possibly, a title search was done incorrectly, or someone failed to properly record aspects of the transaction at the local courthouse. A quiet title can help to correct these errors.
Quit claim deeds can sometimes create confusion as to the true owner of a property. A quit claim deed is a way to transfer interest in a property from one owner to another. Often, there is no title search done during a quit claim transfer, and this can create legal issues when proving chain of title. A quiet title can be used to correct any broken links in the chain of title.
Quiet title actions can take several weeks to process. While it is a common practice, it’s important for all parties involved to follow the legal steps for completing it.