Bay Area/San Francisco Quiet Title Attorneys
Quiet Title Actions in California
An action to quiet title is lawsuit filed to establish who owns a particular real property. Typically in an action to quiet title someone is attempting to assert their ownership right to some or all of the residential property, commercial property, or land in question while seeking a determination that others have no ownership rights to that real property. The lawsuit can be confined only to quieting title to a real property, or quieting title can be a part of a larger dispute where title to the property is only one of the issues being litigated by the parties. An action to quiet title faces several unique requirements.
- Venue: A complaint seeking quiet title must be brought in the Superior Court of the county in which the property is located.
- Verification: The complaint and answer must also be verified – meaning that the parties seeking and opposing the quiet title must swear under the penalty of perjury that the allegations that they are making, or the denial of the allegations made by someone else, are true.
- Factual Pleading Requirements: A complaint to quiet title must include (1) a description of the property (both legal and actual), (2) specific facts to support the legal ground for which the action is brought, (3) any adverse claims to plaintiff’s title, (4) the date for which the determination is sought, and (5) a prayer for the determination of plaintiff’s title against the adverse claims.
- Notice Of Pending Action (Lis Pendens): To make sure that the property whose title is in dispute is not sold or encumbered during the litigation, the party seeking to quiet title typically files and records a Notice of Pendency of Action which puts third parties on notice that there is a pending action which affects the title to the particular real property. Once such notice is recorded any potential purchaser or lender will proceed at their own risk in purchasing or lending on a real property whose title is in question.
- Proof Requirements: Typically someone who is not on title to a real property will have to prove by clear and convincing evidence that they own or co-own the real property. This is a higher standard than the usual preponderance of evidence standard which only requires a party to prove that they are more likely to be right than wrong.
Due to the legal technicalities and proof issues associated with a quiet title action, it is usually unwise for a person seeking to quiet title to a property to represent themselves in a quiet title litigation.
Bay Area / San Francisco Quiet Title Attorneys
At the Zuarda Law Firm, we aim to effectively and quickly resolve real estate legal issues in a manner that protects our client’s legal rights. If you have a legal question involving an action to quiet title in or around the California Bay Area just call our office at 415-637-8483 or fill out our contact form on this page. Your initial consultation with The Zurada Law Firm is always FREE.