An outside party may try to assert some right or interest in your real estate. This would be found in documents like liens, easements, or covenants discovered when conducting a title search. Due to these claims, you may have trouble selling or obtaining a mortgage due to these “defects” on the title to the real estate. A quiet title action is one way to resolve such disputes or obligations. Afterwards, you gain clear control of your property.
Understanding Quiet Title Actions
Under Missouri law, any party claiming title or an interest in real property, including legal/equitable or certain/contingent title or interest, may file an action against other parties who have or claim title or interest to such property in order to have the court resolve the matter. If the court finds in their favor, that party may then undertake any transaction with the property free and clear of any encumbrances or place a “cloud” on its title. Clouding the title may make a future transaction impossible or perhaps significantly reduce the property’s value.
Common Scenarios Involving Quiet Title Actions
Here are some common scenarios that might be resolved through a quiet title action:
- Boundary disputes: Neighboring property owners may pursue a quiet title action to determine the actual extent of their parcels. Or to have fences or other structures removed which are built outside of boundaries.
- Inherited property: Heirs can bring a quiet title action to determine which of them inherits a particular property or to gain a percentage of a property from a family member.
- Adverse possession claims: A property owner can file a quiet title action to acquire real estate or defeat an adverse possession claim through open, notorious, and adverse possession of the property for the legally required period.
- Encumbrances on the property: Property owners may file quiet title actions to resolve the status of old easements, covenants, or other claims of rights to allow for a particular use of the property.
- Unresolved liens: A property owner may bring a quiet title action to discharge any unresolved encumbrances, such as mechanic’s liens or mortgage liens.
- Tax Sale Resolutions: A Buyer at a tax sale may need to file a quiet title action to remove other possible interest holders in the property so the Buyer can then rehab or sell the real estate. An owner who loses property in a tax sale may file a lawsuit to set aside the collector’s deed.
Benefits of Pursuing a Quiet Title Action
A quiet title action can provide property owners with several critical benefits, including:
- Definitively establishes title status: A quiet title action can give a property owner a clear understanding of their property rights, including the status of the title, the property boundaries, who may use the property, and the extent to which they can use it.
- Prevents future claims or disputes: Quiet title actions can give property owners peace of mind, knowing they’ve resolved any future claims or disputes that other parties might make.
- Creates marketable title: Obtaining a clean title through a quiet title gives a property owner a marketable title, meaning they can encumber or sell the property without counterparties backing out of the transaction or demanding a more favorable price due to a cloud on the title.
Contact a Real Estate Attorney Today
Need help resolving a dispute over your real estate? If so, an experienced real estate lawyer can advocate for or defend your rights and interests. Contact Uthoff, Graeber, Bobinette & Blanke today for a free consultation with our attorneys to discuss your legal options in a quiet title action in Missouri.
Disclaimer: The information provided on this blog is for general informational purposes only and does not constitute legal advice. Always consult with a qualified attorney regarding your specific situation. Your particular facts and circumstances may alter conclusions derived from information contained in this blog. The author assumes no liability for any errors or omissions in the content and is not responsible for any damages resulting from the use of this information.