Most of the time, we don’t have to think much about who has title to a piece of real estate. We figure the person who has deed to the property owns it. They may live in the property or rent it out, they may have paid off their mortgage or not, but there’s usually no question as to whether they are the owner.
But individual owners don’t last as long as pieces of real estate do, and over time, ownership questions can get complicated. For instance, if an owner dies and leaves their property to their children and grandchildren, ownership is divided among multiple people of multiple generations. Sometimes a construction firm or lender takes out a lien on a property, giving them an ownership interest. Disputes with neighbors over boundaries or easements can also muddle the question of ownership.
Clearing other claims out of the way
One way to clear up questions of ownership is through a quiet title action. This is a type of lawsuit in civil court which is designed to legally settle claims against the title. The plaintiff — that is, the party that files the suit — is a person or entity that claims to have sole ownership of the property. The defendants are anyone else who claims to have an ownership interest in the property.
If successful, the plaintiff is said to have a clear title. They can then continue to use the property, sell it or pass it on to their heirs.
A quiet title action can also clear up some tax issues or other problems with a property.