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Grounds for a Quiet Title Case

June 12, 2012 | Comments: 0 | Views: 182

A quiet title is a judgment that is usually issued to land deeds, which may have some issues with the previous owners. The process is there to make sure that no one else can lay claim to the property in question after the judgment. It is a measure that makes sure that the foreclosure process has taken effect and that there will be no problems with the land afterwards. The grounds for this case may stem from several factors.


There are several grounds on which the quiet title may be performed. One of the most common factors that will necessitate the action is when the person who has just recently purchased the property may have to sue the old owner for possession of the deed. This happens when the previous owner does not want to give the property up and is unwilling to grant the new owner possession of the land and his name on the deed. Another probable cause for the procedure is the fraudulent conveyance of the land. This means that the deed may have been forged or gotten through coercion. Many of the heirs of some properties wish to sell the property off with or without the consent of the person whose name actually appears on it. A forged signature may be done or the original owner might be forced to sign it. When this happens, the person who is the original owner of the deed may do some legal action. There are also some instances when the claims of a person may actually be unrecorded by the county or state. This will also warrant the action of a quiet title suit. This is also called a torrens deed registration which will terminate claims which have not been recorded. Other instances for this procedure are boundaries and treaty disputes of countries. Private individuals, states and counties can also undergo this process when there are disputes of their boundaries. Surveying errors can also be resolved with this kind of procedure. Some surveyors might have made a mistake when they initially surveyed the property, these mistakes might not surface immediately and may take years before they are found and resolved. Sometimes, there are instances when missing heirs or competing claims can also undergo the quiet title procedure. Other instances of competing claims are reverters, remainders and lien holders of deeds. These can be due to the liens not correctly satisfied or discharged by the clerks of the county. This can be due to errors when filling up the documents or other similar occurrences. These often occur when there are busy times in the offices where these deeds are processed.

There are also limitations to the quiet title. These limitations include, but are not limited to geographical jurisdictions and jurisdictional challenges. The actions also do not clear the deed completely. The actions are just for specific occurrences and errors in the deed or changes in it. It is best to consult a legal representative who can explain these things clearly and with good examples.

Learn more about quiet title  at: Source: EzineArticles

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