Quiet Title | Practical Law

Quiet Title | Practical Law

Quiet Title

Quiet Title

Practical Law Glossary Item w-015-9253 (Approx. 3 pages)

Glossary

Quiet Title

A legal action brought to assert that title to real property is free and clear from any competing ownership claims or encumbrances.
Quiet title actions are often brought when actual or potential claims compete with the title holder's ownership interest, such as when:
  • An owner is considering selling, financing, or refinancing its real property.
  • There are competing possessory claims, which can arise from:
  • There is a cloud on title that may lead to a future title dispute from:
State law where the property is located governs which parties can bring a quiet title action. Some states permit only a legal title holder to bring a claim, while others allow anyone with an interest in the property to bring the action. The action must describe the property to be "quieted" and name the potential interest holders as defendants.