Real property can be a very valuable asset, and challenges to ownership are not uncommon. When someone else claims a legal right to a piece of property, a quiet title action can help settle the matter in court.
A quiet title action is a lawsuit filed in the Chancery Division of the Superior Court, which hears cases involving equitable disputes. The court uses this remedy to address property issues that are too complex to be resolved through the simple process of a civil lawsuit seeking monetary damages. Quiet title actions are commonly used to resolve a variety of issues, including property boundary disputes, a break in the chain of title for a piece of real estate, easements, and other gaps in the history of a deed.
While there is no statute that defines the law of quiet titles, New Jersey has developed a case-based body of law in this area. New Jersey courts have found that the law of quiet titles is governed by the principles of equity, which are designed to allow people with legitimate claims to clear up a cloud on a property’s title.
The core of the law of quiet titles is that a party must be in “peaceable possession” of the land in order to make a claim in quiet title proceedings. This is an important prerequisite, as it is one of the few times that a court will consider whether or not the claimant holds an equitable ownership interest in the property.
This concept of peaceable possession is the basis for most quiet title actions. However, the case law also contains several other important provisions, such as the requirement that the plaintiff hold a fee-simple title in the land and that the claimant must have uninterrupted use of the land for 20 years to qualify.
In addition, the case law establishes that a court may only dismiss a quiet title suit if there is no good reason for it to continue. This is a standard requirement of all equitable remedies, as it prevents the court from being abused in an attempt to obtain monetary damages.
A recent decision by the Appellate Division has changed the way that quiet title actions are brought in New Jersey. In the 2013 case of Suser v. Wachovia Mortgage, FSB, et al, the court ruled that homeowners can affirmatively bring quiet title actions to challenge a bank’s standing to foreclose on a piece of real estate. This ruling could significantly increase the number of quiet title suits that are filed in New Jersey.
A quiet title action is a useful tool for anyone with a legal claim to a piece of real estate. If you are interested in pursuing this option to clear up title issues that are not easily settled through other means, it is advisable to consult with an experienced New Jersey real estate attorney. A lawyer can guide you through the process of filing a quiet title action to protect your rights.
A quiet title action is a legal proceeding used to establish the rightful owner of real estate. Typically, it involves the plaintiff (the party who brings the suit) and defendants (everyone else who has a claim to the property). The judge in the action will rule on whether the plaintiff’s ownership is superior to everyone else’s. If the judge finds in favor of the plaintiff, the judgment will clear the title for that person.
However, the judge’s ruling will only be effective if all parties involved in the case follow specific guidelines. In order to get the best results from a quiet title action lawsuit, it is a good idea to work with a qualified and experienced lawyer.
There are many reasons why someone might need to file a quiet title action. Some common examples include boundary disputes, property line inaccuracies, easements, gaps in the chain of title, forgeries in deeds, or adverse possession. A quiet title action is a great way to resolve these issues, as it allows the court to review the case and make a decision regarding who receives property rights. This decision is then documented in county records.
Quiet title actions are similar to other types of litigation, including lawsuits brought over land issues. One big difference is that a quiet title action can be filed for residential, commercial, and undeveloped properties. This makes it a great option for investors who have multiple real estate investments, as well as homeowners who want to sell their home.
The process for bringing a quiet title action to court starts by filing a petition with the court. This petition must be served on all defendants named in the complaint. This can take at least three weeks. If any defendants cannot be located, a guardian ad litem may need to be appointed.
Once service has been completed, the defendants have 20 days to respond. If the defendants do not respond or otherwise do not show up for court, the court will grant a default judgment in favor of the plaintiff. The court will then order that the judgment be recorded in the land records, making it a part of the chain of title just like a deed.
Besides fixing title defects, quiet title actions can also help settle disputes between property claimants and remove liens that are illegitimate. Liens can be created through construction loans, taxes owed by prior owners, or even a mortgage that was recorded incorrectly.
While the benefits of a quiet title action are obvious, it is important to note that not every dispute can be resolved through this method. There are some clouds of title that cannot be cleared through the action, such as a title defect that resulted from breaching the terms of a sale or the existence of an undisclosed environmental claim.
If you are interested in learning more about quiet title actions or need help resolving a property issue, contact us. Our attorneys can help you determine if a quiet title action is the best option and guide you through the process.
For many people, buying and selling real estate is one of the most complicated transactions that they will ever complete. Unfortunately, these complex transactions can sometimes result in disputes over property ownership. When these disputes cannot be resolved through mediation or arbitration, the property owner may need to initiate a lawsuit referred to as a quiet title suit. This blog post will explore the basics of this type of lawsuit, and offer some advice to property owners considering a quiet title action to resolve their dispute.
The purpose of a quiet title action is to determine the correct property owner by establishing the chain of title, which outlines the history of ownership for a piece of land. It is assumed that the person who holds legal title to a piece of property also owns the full beneficial interest. However, this presumption can be rebutted through clear and convincing evidence. A quiet title suit is a type of lawsuit that demonstrates this evidence to the court and can help settle any adverse claims to property.
A quiet title action can be filed in situations such as a break in the chain of title, a claim of adverse possession, or other challenges to property ownership. For example, a break in the chain of title might occur if there is a gap in the history of deeds, where a document is missing. This can leave the current owner uncertain about their rightful ownership status. A quiet title suit can help to reestablish the chain of title and settle any disputed claims to the property.
Additionally, a quiet title suit can be used to reestablish property rights after a fraudulent conveyance. This is often the case if someone has illegally occupied a piece of land for a certain amount of time, and now wants to make a claim on it. These types of claims can be settled through a quiet title suit, which can force the occupier to defend their claim in court and potentially remove them from the property.
Quiet title actions can also be used to resolve surveying errors, and settle issues related to fraudulent conveyances or property line disputes. They can also be employed to remove an easement, which is the right to access a piece of land for specific purposes, such as sharing a driveway. In some cases, a quiet title suit is needed to resolve problems arising from family squabbles or estate sales.
Other potential uses for a quiet title suit include settling liens and encumbrances and resolving mortgage fraud and foreclosure fraud issues. For this reason, it is critical that property owners who are interested in pursuing a quiet title action consult an experienced real estate attorney to assist them with the process.
While quiet title actions are useful tools for resolving disputes, they can be difficult and expensive to pursue. As such, they should be viewed as the last resort for property owners who are facing challenges with their land. To mitigate risks, property owners should always consider the benefits of title insurance.
The Matus Law Group
125 Half Mile Rd #201A, Red Bank, NJ 07701
(732) 785-4453