Buying a piece of property nearly always involves a title search to ensure there are no unsettled issues with the property. The title search entails gathering documents showing the property’s history to determine several key issues including whether the seller has interest in the property that they are able to sell, whether there are any restrictions on the use of the land such as covenants or easements, and whether there are any liens on the property such as mortgages or taxes that would need to be satisfied. If all goes well, the title search turns up nothing unexpected and no issues are present that would prevent the sale from occurring. What if, however, there is uncertainty regarding one of these issues?
Following The Procedure
When uncertainty exists about any of these important issues, a lawsuit may be filed within the court to settle the issue. Known as a quiet title lawsuit, the action does exactly that – it quiets any issues about the title and the ownership of the property. To begin this process, notice is required to be recorded within the legal system, which sets forth information including the name of the taxpayer affected by the tax sale, the names of anyone else who could claim an interest in the property, the property’s legal description and street address, contact information of the authority, and statements regarding the quiet title proceedings.
Common Scenarios Requiring Quiet Title Action
There are any number of situations in which it makes legal sense to file a quiet title lawsuit. One is in the case in which there is some cloud over the title, such as when the ownership is unknown or not well established, or when there is a question of tax delinquency associated with the property. Other reasons may include when you want to dispute someone’s claim that the property is subject to a mortgage or lien, or when there is uncertain about the property’s boundaries, or if there is an easement on the property that is being used but was never properly recorded. Essentially, any time there is a question about ownership of, debt on, or usage of a piece of property, filing a quiet title action is the best way to prevent the chance that someone will dispute the legality of your ownership of the property in the future.
Are You Considering Filing A Quiet Title Lawsuit? Cloud & Willis, LLC Can Help
If you are looking at buying a piece of property, you will want to ensure you are making a wise investment. An experienced real estate attorney can help you accomplish this by reviewing the transaction from the beginning and handling any legal issues that need to be resolved as a part of the process. The Birmingham real estate attorneys at the office of Cloud Willis & Ellis have helped clients with a wide range of real estate matters including quiet title actions and can help to make sure your transaction is a smooth one. Contact the office of Cloud Willis & Ellis today and let us help you with your real estate needs.