There are many reasons why real estate issues might go to court. Landlords have to involve the courts when they evict tenants. Sellers trying to retain a buyer’s earnest money may need to go to court to enforce the terms of the offer.
In some cases, real property owners need to go to court because of issues with their title. Title records are what affirm an individual’s ownership of a particular piece of real estate. Title records also help prove the validity of easements and can help secure financial obligations by using real property as collateral. Quiet title proceedings are sometimes necessary for those intending to sell real property, transfer their ownership interest or refinance a mortgage.
What happens during quiet title proceedings?
The owner requests court review
Quiet title proceedings only occur when an interested party requests judicial intervention. They have to file paperwork with the civil courts seeking a hearing. The courts then schedule an opportunity for them to present their concerns to a judge.
The owner must show there are title issues
During quiet title proceedings, the goal is usually to obtain an official court update of current title records. Therefore, the owner requesting quiet title proceedings needs information about current title records and any issues they hope to address.
They may present a deed or a death certificate as proof that an owner’s name requires removal from title records. They might present financial documentation as a means of establishing that they have paid a lien in full and that it should no longer show up during the title search. They may even provide documentation showing that an easement may no longer apply due to transfer of ownership, easement expiration or other factors.
The judge determines what the records should show
After a review of the current title records and the evidence provided by the owner, a judge can make determinations about the accuracy of the current title records. They can remove an owner, lien or easement. They can update the legal description of the property.
Effectively, a judge theoretically has the authority to correct any inaccurate information that could affect the owner’s quiet enjoyment of the property or transfer of the property in the future. The property owner can then present the judgment to the necessary authorities to correct existing title records.
Developing a quiet title action requires an understanding of state real estate laws and court procedure. Those concerned about their real estate holdings may need help preparing for quiet title proceedings in civil court, and that’s okay.