Real estate litigation sometimes stems from issues with a transaction, such as a seller failing to disclose issues with the property. Real estate litigation can also help separate joint ownership or facilitate the eviction of tenants who refuse to pay or uphold the terms of a lease.
Not all real estate litigation is adversarial in nature. A property owner concerned about their title records can also potentially go to court to seek the correction of outdated and inaccurate county records. Filing a petition requesting quiet title proceedings with the support of a lawyer could help people protect their property rights and facilitate smooth transactions in the future.
What are quiet title proceedings?
Title records confirm the presence of an easement or a lien against real property. They validate who the owner of the property is and even where the boundary for the parcel falls.
County recorders generally try to keep title records accurate and up-to-date. However, sometimes county records contain inaccurate information. In those cases, legal action might be the most efficient means of correcting outdated and inaccurate records.
Quiet title proceedings allow a judge to review official records and the evidence provided by the property owner. They can remove former owners, correct legal descriptions and eliminate easements or liens that should not remain on the official record anymore.
Quiet title proceedings may make it easier to secure title insurance when buying or refinancing a home. People concerned about inaccurate records may need to discuss their particular issue with a real estate attorney, and that’s okay. Timely action can limit the likelihood of title issues delaying or canceling a transaction.