- posted: Oct. 15, 2022
- Real Estate
Verifying clear title to property is usually a routine part of a real estate transaction, but title issues become more complex when it appears that another party may have a lien or other interest. Clarifying ownership of the property may require the filing of a quiet title action.
A quiet title action is a lawsuit where one party (the plaintiff) asks the court to rule that there are no clouds on title to the property. The effect of that ruling is to eliminate, or “quiet,” any claim or interest that would interfere with the plaintiff’s ownership.
A plaintiff can file a quiet title action against any person known to have a potential interest in the property. The suit can also include as defendants any and all unknown claimants. By including unknown claimants, the plaintiff can obtain a judgment that prevents future claims by people who might later assert a supposed interest in the property. If, however, the plaintiff knows or should have known about a person who had a potential interest and fails to name him or her, that person can claim to have been denied due process and an opportunity to be heard.
In the commercial real estate context, quiet title actions in California can be effective ways to achieve such goals as these:
- Resolving competing ownership claims
- Clarifying boundary lines
- Clearing up errors or discrepancies on a deed
- Determining whether a valid easement exists or terminating an existing right of entry
- Canceling liens or other encumbrances on the title
- Defeating claims arising from fraud or forgery
It is important to work with an attorney who is experienced in how to get clear title to commercial property in California. Depending on the situation, these steps may need to be taken:
- Search county land records and obtain a title report
- Review the title report to identify potential issues
- Locate parties who are still on the title but have no current rights and have them sign quitclaim deeds to remove them from the chain of title
- Obtain releases of liens that have been satisfied but not removed from land records
While title issues can often be resolved by taking these steps, a quiet title action is the final recourse to achieve a comprehensive solution.
At Favaro, Lavezzo, Gill, Caretti & Heppell, PC, our commercial real estate attorneys handle all aspects of title searches, quitclaim deeds, lien releases and quiet title actions. We can handle even the most contentious property disputes. Please call 707-674-6057 or contact us online to arrange a consultation. Our offices are conveniently located in Vallejo and Fairfield.