The term “quiet title” describes a type of lawsuit that helps you establish a party’s right to a particular tract of real estate. Although the term may seem like it describes a specific type of title, it is actually more focused on the lawsuit that helps you “quiet the title.” Below are a few tips and information about quiet title actions in California.
What Exactly is a Quiet Title Action?
The objective to a Quiet Title action is remove an adverse claim to title. When two or more persons have adverse claims to the same property, any of the claimants may initiate a quiet title action. The purpose of the action is to eliminate an adverse claim and to establish, perfect or “quiet” the title of the property in one or more of the claimants.
Miller and Starr California Real Estate (4th ed) § 40:104. Nature of the remedy, 12 Cal. Real Est. § 40:104
Types of Action for Quiet Title
Circumstances in which quiet title actions may be filed. In addition to a general quiet title action provided in the primary statute, such actions may be brought in a variety of other situations under specific statutory authority. An action to quiet title may be commenced:
to re-establish ownership after a landslide, subsidence, or displacement.
to re-establish title by a person in possession in the case of a destruction of public records.
to establish the identity of a person in the chain of title.
to clear title to a proposed dedication of property for public improvement.
to terminate a right of entry or occupation of a lease for the production of oil and gas
to determine adverse interests in property arising out of any public improvement assessment
to quiet title against the state with respect to tax-deeded property
by a redemption, to quiet title against the state to tax-deeded property
to determine adverse claims by a purchaser of tax-deeded property
by a person claiming title to property in the bed of a navigable stream under a patent of title and adjoining tide and submerged land 10
to adjudicate groundwater rights 12
Miller and Starr California Real Estate (4th ed.) § 40:109. Types of actions for quiet title, 12 Cal. Real Est. § 40:109
Contact Alder Law to learn more about this process and whether it may be a good option for the facts of your unique situation.