Southern California Quiet Title Action Attorney
Trusted Representation for Quiet Title Claims and Other Real Estate Matters in Ventura and Westlake Village
If you purchase or inherit a piece of property with any clouds on the title, you need to ensure the strength of your ownership. A quiet title action lawyer at Rounds & Sutter can help you protect your rights and avoid unnecessary legal headaches down the line. Our experienced residential and commercial real estate attorneys are ready to help you legally establish your complete and unencumbered rights to the property, protecting your investment, your land, and your finances.
What Is a Quiet Title Action?
A quiet title action is a legal claim brought to officially clarify ownership rights to a given piece of property. In a quiet title action, the plaintiff asserts that they own title to all or a portion of a given plot of land, and asks the court to rule that the plaintiff’s title is superior to any adverse interest claimed by another party or parties.
Quiet title actions are complex and require a deep understanding of California property law. A seasoned California real estate attorney can help you understand your rights and protect your property through a quiet title claim.
When Do You Need to Bring a Quiet Title Claim?
Quiet title actions resolve ownership rights to a building or plot of land. If you possess a piece of property and there are any issues with your title, such as gaps in the recordings of prior transfers, competing claims of interest, boundary disputes, easements, or other encumbrances, you may need help from a quiet title attorney to ensure your complete and unimpeded ownership. Quiet title actions can also be used to resolve any defects in the chain of title, such as an improper deed.
Quiet title actions are common, for example, after the death of a title owner, especially when the property is left unoccupied for a long time. Squatters may try to claim adverse possession, or competing mortgage lenders may claim ownership interests. If prior deeds of transfer were unclear, there could be disputes over the property’s true boundaries, or even whether the property was properly transferred. Previous owners may have permitted certain uses of the land by neighbors or other parties, creating a potential easement. A quiet title action affirms that you, and only you, own title to the property.
Necessary Elements of a Quiet Title Claim
Per California Code of Civil Procedure § 761.020, a complaint for quiet title must be verified and contain certain essential elements. The verified complaint must include:
- A description of the property that is the subject of the action. For real property, the description must include a legal description as well as the street address or other common designation.
- The title of the Plaintiff as to which a determination of quiet title is sought.
- The adverse claims to the Plaintiff’s title. If a party is not named in the action and they have a claim of record, or the Plaintiff knew or should have known they have a claim, then the judgment may not bind that party.
- The date as of which the determination is sought.
- A prayer for determination of the title of the Plaintiff against adverse claims.
If the plaintiff is seeking to quiet title against another party who holds legal title, the plaintiff must prove their claim with clear and convincing evidence. If there is a dispute over who holds legal title, the plaintiff must prove their claim by a preponderance of the evidence.
Reach Out to Rounds & Sutter for Help With a Southern California Quiet Title Action
If you are involved in a dispute over ownership or use rights for real estate, if you are seeking to partition a spot of land, or if you intend to enter into a real estate transaction, contact Rounds & Sutter at our offices in Westlake Village or Ventura. We provide seasoned advice and effective representation across the spectrum of real estate law matters in Southern California.