What is a quiet title action, and when should you pursue one?

Owning a business is hard enough without having to worry about someone else trying to infringe on your property. If you want to ensure that your property is yours, so that you can prevent others from trying to claim it, a quiet title action is an ideal way to do it.

A quiet title action determines the sole owner and title of a property. Filing a quiet title action lawsuit allows you to clear up any issues that surround the title of your property and quiet those who are trying to challenge your ownership.

Some reasons you may want to consider a quiet title action include:

  • You are unsure if you own the property. In cases where the original title owner has passed away, a quiet title action verifies that you are the sole owner of the title and property.
  • The boundaries of the property are blurry. A neighbor may believe they have rights to your property due to blurred boundary lines. A quiet title action can help determine the property lines and ensure what is yours.
  • You want to clear up claims from lienholders. You may not think their claims are valid, and a quiet title action can help you determine the authenticity of a lien.
  • Someone else has been using the property. This is known as “adverse possession” and typically occurs if the property was empty or neglected and taken up by someone else. In the state of California, adverse possession allows that individual to be eligible for the legal title if they’ve had the property for five years and have paid taxes for that duration.

Establishing the valid owner of your property is essential, particularly if you need financial help or plan to sell the property. A quiet title action is an ideal preventative measure that lets you resolve property title conflicts before they become more problematic.