If you own property, including mineral interests, it may be necessary to establish a clear title at some point. Should you wish to sell it, for example, or even refinance it, you’ll have to resolve any ownership disputes before proceeding. Thankfully, a real estate attorney can help you settle any issues that arise by filing a quiet title action. 

When Are Quiet Title Actions Necessary?

A quiet title action is a kind of lawsuit that aims to clarify ownership of a particular property or mineral interests. As such, these actions are  necessary when some kind of dispute over some portion of the property arises or there is no clear chain of title of ownership. Problems that might prompt such suits include boundary disputes, questionable easements, unverified mortgage payoffs, discharged liens lacking documentation, clerical errors on the deed, lack of probates of parents or grandparents. 

It will also be necessary to file an action of a quiet title if you purchased the property through a tax sale.  

What Happens During a Quiet Title Action?

You do not have to wait for an active dispute to arise to file a quiet title action. In fact, real estate attorneys often advise clients to commence the proceedings as a preemptive measure. While these proceedings can be fairly simple if circumstances allow, remember that the action is still a formal lawsuit. As such, you must still name a defendant. Generally speaking, this party will include anyone who believes they have an ownership interest in the property.

Upon filing the suit, all such parties will be notified and given the opportunity to assert their interests. If they don’t, the case will be settled in your favor and the title will be cleared. If, on the other hand, they do, additional proceedings will commence. 

If you need to resolve some kind of mineral interest or other title dispute, turn to a real estate attorney at Bristol Law Office in Roswell, NM, for guidance. Backed by more than three decades of experience, this firm will use all the resources at their disposal to challenge any objections to your ownership of the property in question. Their knowledgeable team can also assist with family law disputes, bankruptcy filings, estate planning, and business entities. To schedule a consultation with a seasoned real estate attorney, call (575) 625-5284. Learn more about who they are on their website.