In real estate, a title is a legal document that designates the legal owner of a property. Over time, properties change hands, which can lead to conflicts or confusion regarding a title. In this case, real estate lawyers turn to quiet title action to settle disputes. Here’s a closer look at this legal process and when you might need to use it.

What Is “Quiet Title?”

This term is used to refer to a specific type of lawsuit in the real estate field. “Quiet title” action allows property owners to clear the title to a piece of real property, settling disputes or eliminating false claims. In other words, it serves to “quiet” down the noise and clarify the ownership of one party.

What Situations Is It Used For?

Most commonly, real estate lawyers use quiet title action after a tax deed sale. This is a public auction carried out by the government when an owner fails to keep up with their property taxes. Once the property is auctioned off to an investor, any existing liens will be canceled out, and any interest will be transferred from the old owner to the new owner. However, the old owner’s claim will remain on the title. To have the title cleared, the investor will need to hire an attorney to carry out a quiet title action. Similarly, quiet title action may be used to clear a title after an estate sale or the probate process.

However, quiet title action isn’t only for clarifying ownership of a property—it may also be used to eliminate confusion regarding the details of a piece of real estate. For example, if the old owner and new owner disagree about the use of a shared entry or driveway, the new owner may pursue quiet title action to prevent their neighbors from using the easement. Quiet title can also be used to clarify confusion on property boundaries, as well as remove errors on the deed, or prior liens that have no public record.

If you’re looking to quiet the claims on a title, reach out to Attorney Larry Cook of Cabot, AR. He has over 32 years of experience as a lawyer and is a native of the local community. Attorney Cook offers a wide range of real estate law services, from deed preparation and quiet title action to help throughout the closing process. To learn more about his other practice areas, including business and probate law, visit the website. You can also call (501) 843-6591 to schedule a consultation.