What’s a quiet title action in Pennsylvania?

Sometimes, properties pass through many hands before reaching their current owner. This situation may result in title issues, such as improperly recorded deeds or competing claims. Parties may need legal assistance to clear the ambiguity relating to the ownership of the property, and quiet title actions allow you to do that.

In this guide, you will learn about quiet title actions, including their triggering factors, their benefits and the procedure for conducting them. You will also discover alternatives to quiet title actions and how the real estate attorneys at MPL Law Firm can help.

What Is a Quiet Title Action?

A quiet title action is a civil lawsuit that allows parties to resolve disputes over the ownership of real property. Plaintiffs usually bring this action when there are uncertainties or competing claims concerning who owns a piece of property. You may also commence a quiet title action to determine the nature or extent of interest in the property. 

A quiet title action is different from a quitclaim deed. The clearest distinction is that the former is a legal process or action, whereas the latter is a legal document. Quitclaim deeds transfer the ownership interest in a property from one party to another without any guarantees about the title’s status or the grantor’s ownership rights. Instead, the grantee receives whatever interest the grantor has at the time of transfer.

What Triggers a Quiet Title Action?

A quiet title action is triggered when a property’s title, or ownership rights, are cloudy or have unresolved issues. This may arise in various situations, such as the following:

• There is an unresolved lien on the property, and there doesn’t seem to be any other way to remove the lien because the lienholder is deceased or missing.
• There are questions about the boundaries, any easements or other encumbrances.
• The property has been unoccupied for a long time, and there is a worry that someone may have established adverse possession rights over it.
• The deed was recorded improperly, and the current owner wants to correct the error.
• The property was inherited or obtained through an estate sale, and the prior owner’s name needs to be removed from the deed.

Quiet title actions are generally not adversarial processes, but hiring an attorney is crucial. The other parties are notified and given an opportunity to respond before the issue is settled. Sometimes, the response can come as a surprise, primarily if the respondent seeks to eject the possessor from the property.

Importance of Quiet Title Actions

Quiet title actions are essential for three main reasons:

• Establishing ownership: Quiet title actions enable parties to establish ownership interest in the property. Ownership clarification could be crucial if you intend to sell, refinance or develop the real estate.
• Resolving title issues: Parties may use quiet title actions to resolve disputes such as conflicting claims, errors in public records and unresolved liens. This can prevent confusion and a chain of legal issues.
• Protecting property rights: Plaintiffs can protect their interests through quiet title actions. Knowing that your ownership of the property is legally recognized can provide peace of mind.

In addition to these reasons, having a judgment-backed title can facilitate transactions and increase the property value.

The Quiet Title Action Process

The procedure for bringing an action for quiet title is that of a civil lawsuit. The process starts when you file a complaint with the prothonotary or court clerk. The complaint must be filed in the jurisdiction or county where the entire or part of the property is situated. Furthermore, the complaint should contain relevant details, such as:

• Names of the parties and the property’s address
• Description of the property, including its location
• Nature of the interest and competing claims
• Facts surrounding the circumstances

Once you file the complaint, you must serve a copy to the defendant to notify them about the action. The defendant can respond to your claims and raise a defense. For example, supposing you commence the action based on a claim of adverse possession but the possession is less than 21 years, the defendant may rely on that fact to persuade the court to rule in their favor.

The court will evaluate the facts and the law and make the necessary orders. For instance, if the plaintiff is successful, the judge may order the defendant and their successors or heirs to refrain from asserting rights or interests in the property. The court may also make orders that allow the plaintiff to record a new court-approved deed with the relevant department. Note that the court may make these orders if the defendant fails or refuses to file an answer to the plaintiff’s complaint.

Alternatives to Quiet Title Action

You may fix title issues without going to court, depending on the circumstances. One alternative to litigation is settling the dispute through a private agreement. Other examples include locating the key individuals and asking them to sign a curative instrument like a quitclaim deed or commencing probate when the issue relates to a decedent or deceased person.

These options and examples apply case-by-case, so it’s best to hire a trusted attorney from MPL Law for legal assistance. Our attorneys can examine your situation and determine the appropriate step.

Why Trust Us?

MPL Law is a leading real estate law firm in Pennsylvania, providing effective legal solutions for over 40 years. Our well-trained attorneys dedicate time and attention to cases and implement strategies to yield the most desirable results. We prioritize our clients’ needs and use our knowledge and experience to help them achieve their goals. Our forward-thinking approach allows us to adapt to various situations and tackle emerging challenges.

At MPL Law Firm, we uphold high ethical values and standards regardless of the circumstances. Our core principles include honesty, transparency and integrity. These attributes have enabled us to form long-standing client relations and attain impressive outcomes. Our goal is to bring value to individuals and organizations through our services.

We have strong ties with the community, which we believe has played a crucial role in our success. York County has been our home for many years, and we treat the residents as family.

Contact MPL Law Firm for Professional Legal Support

Do you want to learn more about quiet title actions in Pennsylvania or need legal assistance urgently? Contact us today to speak to an experienced real estate attorney and take the next steps.