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Don’t keep quiet! Take action to ensure you own your property

Whether you want to buy or sell your property, it pays to make sure that you do, or will, own it. In some cases, the lines between different parcels of property blur, and you might not own the land you think you do. In this case, you can take legal action to fix the problem.

Failing to go through this legal process, called a quiet title action, could allow someone else to make a claim to your property. As a buyer, if you purchase property in which someone else might stake a claim, it could cause issues in the future. As a seller, you know a potential buyer will likely not want to purchase the property until the title is clean. Even if no one currently insists they have a right to the property, a quiet title action can prevent such claims in the future.

What does a quiet title action do?

A quiet title action resolves issues regarding actual ownership of a piece of property, Whether a dispute caused someone else to have a claim to your property or a clerical error did, this action is designed to establish your legal right to the property. For example, if someone else could potentially make a claim for adverse possession of your property, establishing your ownership could prevent such a claim.

What does a quiet title action entail?

These actions often result from a title search on the property. If title defects are found, you file the action in the Florida court in which the property is located against anyone who may potentially have, or may have had in the past, a right to the property. Once the court rules that you own the property “free and clear,” no one can dispute that contention and the title is clear.

What situations most often require a quiet title action?

Other than a title search, some situations give rise to the need for this type of action:

  • A boundary dispute
  • An inheritance
  • Old liens on the property
  • Mortgage lender requires it
  • Administrative errors

In addition, if you receive the property through a quitclaim deed, you may not receive a guarantee that the title is clear. Filing such an action will do that for you.

Legal help

Filing any legal action involves understanding the law and procedures that apply to it. In this case, understanding real estate law, title searches and land surveys, among other issues is required. Having a real estate attorney advocate for you could prevent any further issues that may arise in connection with the title to your property.

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