Frequently, real estate litigation pits two people or businesses against each other. Sometimes, real estate litigation aims to correct an issue that could have profound implications for a property owner.
Quiet title proceedings are a form of real estate litigation that property owners may pursue when they discover issues with the title records for their holdings. How do quiet title proceedings help resolve title flaws?
Judges can correct inaccurate records
Civil court judges have broad authority in real estate litigation cases. They can issue injunctions preventing construction or order owners to remove or change the placement of inappropriate improvements. They also have the authority to correct issues with local title records.
During quiet title proceedings, owners ask the courts to consider inaccurate title records. Perhaps a former spouse who signed a deed years ago still shows up as a current owner. Maybe a mechanics lien from a roofing company satisfied years ago still turns up during title searches.
Property owners can present information regarding changes in ownership, the satisfaction of liens and even the extinguishment of easements. A judge reviews the evidence to determine if the current title records are inaccurate. If they determine that the plaintiffs are correct, they can order the removal of improper liens, extinguished easements and owners who no longer have an interest in the property.
Quiet title proceedings can be beneficial when unexpected title defects impact a pending real estate transaction. They can also be helpful at any time owners notice title issues, as proactive responses can reduce the likelihood of delayed and canceled transactions in the future.
Reviewing problematic title records with a real estate litigation attorney can help owners understand their options. Accurate title information is critical for successful real estate transactions.