Johnson County Quiet Title Attorney
What is quiet title?
A quiet title action involves a lawsuit to establish title to a property and remove any ambiguity concerning ownership. The lawsuit quiets any challenges or claims to the title. A quiet title action may also be referred to as a try title, trespass to try title, or ejectment action to recover possession of land wrongfully occupied by a defendant. Quiet title actions may be used to establish rightful ownership of a motor vehicle, house, airplane, boat, or other property. An experienced Johnson County civil litigation lawyer can help with a quiet title action.
At Martin & Wallentine, we have helped many clients obtain title to their property. Quiet title matters are often uncontested. In these cases, your attorney will perform the necessary research, prepare and file your case in the correct places, and give notice to the correct parties. On other occasions, however, a quiet title action may be contested. The case will require more complex litigation by a civil litigation lawyer if it is contested.
Quiet Title & Vehicles
Vehicle titles are a common type of quiet title action. This may occur because the State refuses to register a vehicle, typically due to a problem or confusion about the registration of vehicle identification number (VIN). These quiet title actions are typically uncontested. The State usually does not object to the registration of the vehicle provided it is not reported as stolen, it passes required inspections, and the taxes are current. Once the judge approves the agreed Order Quieting Title, the State must register the vehicle.
Quiet Title & Real Estate
Quiet title actions concerning real estate usually involve a complaint that the title is defective, typically where title to the property is ambiguous. The can occur when the title was conveyed by a quitclaim deed where the previous owner disclaimed interest, but did not promise that good title was conveyed. A real estate quiet title action may also be brought over a non-possessory interest in land, like an easement by prescription.
Other reasons for a quiet title action concerning real estate include:
- Adverse possession where the new possessor sues to obtain title in his or her own name
- Fraudulent conveyance of a property, perhaps by a forged deed or under coercion
- Torrens title registration, an action which terminates all unrecorded claims
- Tax taking issues, where a municipality claims title in lieu of back taxes owed (or a subsequent purchaser of land at a tax sale files action to gain insurable title)
- Boundary disputes between states, municipalities, or private parties
- Surveying errors
- Competing claims in matters of reversion, remainders, missing heirs and lien holders
See our Quiet Titles Statute page regarding Quiet Titles and possession issues for further information.
Contact us though this website to learn more about how we can help with your quiet title case.