Quiet Title Actions
When parties purchase real estate, they want to be sure that they own it free and clear, and no other person or entity will attempt to claim ownership or otherwise impair their rights down the line. In many real estate transactions, the title is clear, and the transfer from owner to seller is a straightforward process. In other instances, though, there could be issues with the title that could potentially be problematic. In such cases, it is prudent for owners to file quiet title actions to protect their rightful ownership interests in a property. If you intend to buy or have purchased property with a defect in the title, the knowledgeable Atlanta real estate litigation lawyers of Poole Huffman can advise you of your options and aid you in taking the measures necessary to clear the title and safeguard your interests. We frequently represent people in real estate matters in Atlanta and in Decatur and Tucker.Grounds for Filing Quiet Title Actions
Quiet title actions aim to clear the right of other parties to claim ownership of a property. Typically, the need for quiet title actions arises when another party either had or claims to have interests rights in a property. For example, they may be necessary in cases involving border disputes or when a property is hindered by tax, materialman, or mechanics liens. They are also often filed when a party claims to own a property without documentation or has defective documents that appear to show ownership rights.
Under Georgia law, there are two types of quiet title actions a party can file: a quiet title or quia timet against the world, and conventional quia timet or conventional quiet title action. Regardless of which action a party pursues, the matter must be filed in the county of the property at issue.Quiet Title Against the World
A quiet title against the world action grants broad relief and is typically pursued by parties seeking to remedy defective titles. A quiet title action against the world clears all clouds on a title, including the right of redemption of an owner of property sold at a tax sale. In other words, it essentially ensures that the title is free and clear. Importantly, quiet title actions against the world allow a seller to obtain title insurance so that it can pass on good and marketable title of the property to the seller. Any person, partnership, or corporation that has current or prescriptive title to a property can bring a quiet title action against the world to establish title, determine all adverse claims to the title, and remove any clouds on the title. A party filing a quiet title against the world action does not have to identify the specific instrument clouding the title in question. Once the title is clear, it is deemed to bind the world, which means that no party other than the current owner can claim an interest in the property.Conventional Quiet Title Actions
A conventional quiet title action is equitable in nature. It aims to cancel a specific instrument that clouds the title of a property or subjects the owner to present annoyance, future liability, or where the cancellation is necessary to protect the owner’s interests. A party filing a conventional quiet title action must prove possession of the property in question. While a conventional quiet title action can remove clouds on a title caused by the equity of redemption following a tax sale, the length of time for redemption must remain intact. If the party pursuing a conventional quiet title action adequately pleads their case, the cloud to the title will be removed regardless of the nature of the invalidity of the instrument the party seeks to cancel.Speak to a Trusted Attorney in Atlanta
Issues with a title can greatly impact a property owner’s rights, and it is important that affected owners take the steps necessary to clear their titles. The lawyers of Poole Huffman are adept at helping parties take the legal action required to clear defects from property titles, and if you engage our services, we will work diligently to help you seek a favorable outcome. Our attorneys regularly aid people dealing with real estate disputes in Atlanta and in Decatur, as well as in Tucker, where our office is located. We also represent people and entities in real estate matters in cities throughout Fulton, DeKalb, Cobb, and Gwinnett Counties. You can reach us through our online form or at 404-373-4008 to schedule a confidential meeting.