Without proper documentation, a property’s ownership could become blurry, leading to lengthy and expensive legal battles. If you have a house, condo, or any other property with a questionable ownership history, a quiet title action could resolve your issues.
But what is a quiet title action? Does it apply to your case? How does it work, and what are its limitations? We shed light on these questions below.
What Is a Quiet Title Action?
A quiet title action is a legal action or lawsuit aimed at clarifying the ownership of a particular property. This legal action seeks to eliminate ambiguities and protect the rightful owner of the property from outside entities.
According to the MD. Real Property Code § 14-602, it is enforceable for an unoccupied property or if someone wrongfully claimed ownership of a piece of land or building. This action can also clear any conflicting title claims, such as an old mortgage that was not correctly recorded.
What Does the Process Look Like?
The process is lengthy, spanning anywhere from about 10 weeks to more than a year. Moreover, not all properties are qualified for this type of legal action. An experienced Maryland real estate attorney can help you determine the appropriate legal action to settle a property dispute.
Suppose your attorney concludes that this legal action is best for your situation. In that case, they will review the title and other real estate documents for incorrect, missing, or conflicting information before filing a petition. After filing the petition with the court, all parties involved will receive legal notice of the lawsuit.
The defendant is given time to respond to your petition in writing. If no objections are raised, a hearing date will be set to finalize the action.
What Are the Grounds for a Quiet Title Action?
According to the MD. Real Property Code § 14-108, “quieting” a title applies to properties with adverse claims. An adverse claim could be when someone uses the property without the owner’s permission or the property is unoccupied for a long time.
Other grounds include:
- Incorrect or missing legal descriptions of the property
- Unpaid liens or taxes against the property
- Foreclosure on a mortgage with an invalid title transfer
- Inheritance disputes among heirs, etc.
Does the Quiet Title Action Have Any Limitations?
While a quiet title action is an efficient way to resolve ambiguous property ownership, there are limitations to its effectiveness. If the plaintiff wins the ownership case, they can’t sue the previous owner for property defects. An exception would be if the property is acquired through a warranty deed.
Moreover, its not a guaranteed solution for settling most property disputes. In essence, a quiet title action only clarifies ownership of the property. A different legal action may be necessary if the issue persists beyond that.
Talk to Our Maryland Real Estate Attorney Now
Settling a property dispute can be overwhelming and time-consuming. Without proper legal guidance, you could lose property ownership or waste your time with an inefficient legal action.
Our experienced Maryland real estate attorney at LewisMcDaniels can help you understand the quiet title action process and determine if it’s the best action for your situation. Contact us today to schedule a consultation.