When would one need to file a quiet title action?

On Behalf of | Mar 31, 2021 | Real Estate Law |

One of the most important parts of any real estate sale in New Jersey is the title search. A title search can uncover whether another party has a claim of ownership to some or all of the property being so. If so, the party contesting the claim may have to file a quiet title action in order to settle the title to the property being sold.

What types of disputes can quiet title actions resolve?

A quiet title action can clarify who owns the property if the property owner has died and some heirs have not received notice of the sale of the property. A quiet title action can also resolve issues with a mortgage lender if the lender still has an erroneous claim to the property.

If a property sat unoccupied for some time, a quiet title action can clear the title so that others can bid for it. A quiet title action may also be necessary for conveying property through a quitclaim deed or in cases of adverse possession.

A quiet title action cannot cure everything

There are limits as to what can be accomplished through a quiet title action. First, in general new owners of the property will not have the same level of protection the former owner enjoyed.

Also, if problems with the property are uncovered later on, the new owner generally cannot pursue litigation against the former owner except in certain situations involving warranty deeds. And, in some jurisdictions quiet title actions can only be used to resolve certain claims or title defects.

Learn more about real estate disputes

A quiet title action can be complicated, especially for those who are unfamiliar with real estate law. Those who are involved in a real estate dispute may find working with an experienced attorney helpful in navigating the possibility of litigation.