Articles Tagged with quiet title judgment

Underwood-Blog-Images-1-2-300x300A motion to determine title is a motion to the court requesting that the court establish title to a piece of real property. Typically, a motion to determine title shows up in the court as a quiet title action. A quiet title action is brought when a litigant seeks to establish that they have an ownership interest in the subject property and refute any adverse claims against the litigant. It follows that to prevail on a motion to determine title; one must show that they hold some ownership interest in the subject property. 

The law surrounding a motion to determine title is codified in Code of Civil Procedure section 760.030. Under section 760.030, when establishing or quieting title is in issue in an action or proceeding, the court may, upon motion of any party, require that the issue be resolved pursuant to the provisions of the code of civil procedure relating to quiet title actions. (CCP § 760.030.) At Underwood Law Firm, our attorneys are more than familiar with partition actions and the step-by-step process of pursuing a partition. 

What is a Quiet Title Action

Underwood-Blog-Images-300x300Slander of title is quite the unique cause of action. As the name implies, it involves defamatory or slanderous activity but not against any person or personal interest. Instead, a slander of title involves activity that calls the state of your title into doubt (by, for example, filing an unwarranted lis pendens) that diminishes the value of your property. 

In these situations, parties have the ability to sue for slander of title. The suit is usually accompanied by an action to clear a cloud on the title or to quiet the title, but the gist of it is quite simple: compensation for the injurious activity to the state of one’s title. 

What’s Required for a Slander of Title Claim? 

Underwood-Blog-Images-300x300A “quiet title” action is a lawsuit where a property owner seeks to eliminate, establish, resolve, and “quiet” any other claims on the same property by anyone else. Once complete, the lawsuit will result in a perfect title enforceable in the courts. A quiet title action is thus an effective tool to establish and settle ownership over real estate.

Quiet title judgments are particularly powerful, however, and therefore involve more stringent requirements than other lawsuits in the real estate field. At Underwood Law, our attorneys are familiar with handling the complexities of quiet title actions and are here to help navigate you through this unique lawsuit.

What does a Quiet Title Action do?

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