Quiet Title Actions
Published on Wednesday, 01 June 2011 08:06 Written by Lawrence D. Brudy & Associates, Inc.
What is a Quiet Title Action?
A quiet title action is a lawsuit to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to that title.
Such a suit usually arises when there is some question about clear title, or there is a recorded problem, such as an old lease or failure to clear title after payment of a mortgage, an error in description that casts doubt on the amount of property owned, or an easement used for years without a recorded description. An action for quiet title requires a description of the property to be "quieted," naming as defendants anyone who might have an interest, including known or unknown descendants of previous owners, and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties, known and unknown, by publication. If the court is convinced title is in the plaintiff (meaning the plaintiff owns the title), a quiet title judgment will be granted, which then can be recorded and thus provide legal "good title." Quiet title actions are a common example of "friendly" lawsuits in which often there is no opposition.
Why is a quiet title action necessary?
The most common quiet title actions can come from any of a number of causes: An old mortgage that was paid off but never cleared from the title, an old lease that was never removed from the title, a gap in the chain of title due to a death, and title passing through an estate or a repossession and sheriff’s sale of property. If any of these defects exist on the title to your property, some other person who has a legal claim to title of that property can come forward and assert that right. Additionally, you will not be able to sell your property with clean and clear title if there is a defect or “cloud” on the title. This has become increasingly important in Pennsylvania with the rapid development of Marcellus Shale natural gas leasing and drilling. In order for a property owner to lease the natural gas rights to a drilling company, that owner must have clear title to that property, both surface and oil and gas sub-surface. Without clear title, a property owner may miss out on a lucrative opportunity to lease the natural gas rights.
How does a quiet title action work?
A quiet title action is commenced like any other civil law suit. A Complaint to Quiet Title is filed with the Court of Common Pleas. However, the Defendants named in a quiet title action must be not only any person known who may have a claim to the property, but any person unknown, including their heirs and assigns, who may have a claim to the property. Because this involves a potentially huge number of Defendants whose names and addresses are obviously unknown, service of the Complaint must be done by publication in the local legal journal and newspaper of general circulation. Once the Complaint has been served, any Defendant may then file a response to the Complaint, asserting a right to the property. Most often, there is no response to the Complaint, and the property owner is granted title, free and clear, as a matter of law. If a Defendant does file a response, then the quiet title action proceeds as a normal trial would.
Contact Jay R. Allman, Esquire at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. for more information.