The Why and How of Quiet Title Actions

When land is bought, sold, transferred, or otherwise changes ownership, there is always the potential of a title defect: unclear ownership, unresolved liens or loans, boundary disputes, or anything else that “clouds” title. Most clouds on title can be resolved through a quiet title action. When dealing with a possibly murky title problem, it’s best to contact a property attorney who can direct you through any negotiations of court proceedings to clear the title defect.

The Why

There are many reasons why a quiet title action might be brought. One of the most common reasons is the death of a title owner. If a property owner dies without leaving a will, it’s wise to begin the quiet title action process, which will affirm the next-of-kin’s ownership of such a property by adjusting the chain of title to include them. A quiet title action could also be brought due to an unrecorded land transfer, where the property was purchased or gifted but the deed was never transferred into the new owner’s name and properly recorded in the county land records. Additionally, a quiet title action could resolve a boundary dispute or surveying error, thereby clearing up surface or mineral interests possibly tied to those lands. 

A quiet title action could also be brought to clear title to property, with liens attached, bought at a tax sale. Typically, these land purchases come with tax deeds. A tax deed transfers property ownership to the government after a period of tax or loan default, and it’s the same type of deed you’d most likely get when buying a foreclosed property. A foreclosed-on property acquired at a tax deed sale grants the purchaser a tax deed, but it doesn’t guarantee clear title. A warranty deed guarantees no defects in the title, clear ownership, and no outstanding liens like mortgages and is the kind of deed you’d most likely get when buying a property through a realtor. A quiet title action could clear any clouds on the title that survived through foreclosure, like liens or other possible claims to ownership.

A quiet title action could also settle cases of adverse possession. Adverse possession can be pretty tricky to prove and typically hinges on these guidelines: (1) the person must be physically present and actually using the property (which is known as actual possession); (2) the possession must be continuous for 15 years; (3) the possession must be hostile (i.e., without permission from the lawful owner); (4) the possession must be open and notorious, meaning no attempt has been made to hide from the lawful owner; (5) the possession must be exclusive, without shared use; and (6) the possession must be made under a claim of right or color of title. 

After completion of a successful quiet title action, the plaintiff will become fully vested with legal title to the property and be protected from other outside claims to ownership in the future.

The How

The process of a quiet title action typically consists of (1) an initial title search; (2) proper notice given to the last known owner of record and anyone with a possible interest in the property; (3) the filing of a quiet title petition in the district court in which the property is located; and (4) if the quiet title action is uncontested, a declaration of ownership filed in the county land records. If someone contests the quiet title action, legal proceedings will continue according to Oklahoma’s Rules of Civil Procedure until the court declares an owner. An essential part of the quiet title process is contacting everyone with a potential interest in the land in question. Legal title gained through a quiet title action can be subject to cancellation if all parties with a possible interest are not given proper notice, so due diligence is vital here. These interested parties can sign a quitclaim deed conveying their interest in the property to the plaintiff of a quiet title suit, which conveys their right of ownership to the plaintiff, or they can choose to contest the quiet title action and litigate the property dispute in court. 

It’s important to discuss any suspected title defects with an experienced property attorney to determine how to clear title to your land. Without clear title, it becomes much more challenging to sell your property and to sell it for a reasonable price, get a loan or mortgage, or exercise all of your rights as an owner; not to mention it opens you up to outside claims of ownership, including the possibility of being sued and becoming a defendant in a quiet title action. Plainview Legal Group can help you navigate either side of a quiet title suit. If you’re dealing with a quiet title action, plan to start one, or have a title defect that could cause issues, call us at (405) 310-0183 to schedule a free consultation, or request one on our website.