Even when property owners think they own their land outright, they may face adverse claims or challenges. Others may claim an ownership interest or right to use or possess the land. They may threaten to eventually take an ownership interest through their current actions. This is where an experienced quiet title attorney can help.
What is a Quiet Title Action?
A quiet title action is a court proceeding that a property owner gets a court to confirm your ownership rights to the property and, to quash any challenges to your ownership or clouds on your title.
The quiet title attorneys at the Law Offices of Mark Weinstein, PC can help you with this process when you are seeking to establish ownership of your property.
Quiet Title Lawsuit in Georgia
In a quiet title lawsuit, you will need to include the following:
- Proof that you have current actual or prescriptive title to the real estate.
- A description of your particular interest in the land and a description of the land itself.
- A description of all adverse claims of which the petitioner has actual or constructive knowledge.
- An explanation of why the court should remove the cloud on ownership.
Then, the court would assign the matter to a special master. You have the right to demand a jury trial for your claim, but it would generally only be granted if there is a disputed matter of fact. The special master would consider your claim and issue a report to the court. A judge would then decide either to adopt the master’s recommendation or require additional legal proceedings before they could rule on the issue.
As a property owner, the stakes in a quiet title action are high. These disputes will impact your ownership interest in your property, and not being successful will cost you money and the right to fully own your property.
At the outset, you should recognize that a quiet title action is a contested legal matter. You should strongly consider hiring an experienced lawyer to handle your case, given that court proceedings will be required.
Types of Quiet Title
There are two types of quiet title in Georgia:
- A conventional quiet title where the aim is to cancel a specific instrument that clouds the title of a property where cancellation is necessary to protect ownership interests.
- A quia timet action is a quiet title action “against the world” that tries to enjoin threatened or prospective wrongful acts against your property.
Quiet Title Act of 1966
In Georgia, the Quiet Title Act of 1966 governs all quiet title actions and relevant disputes, and it provides the procedure that must be followed. The Act creates a speedy process that is quicker than the usual lawsuit. Your quiet title attorney will file the action in Superior Court in the county where the property is located.
Contact Quiet Title Attorney Mark Weinstein Today
The Law Offices of Mark Weinstein, P.C. helps real estate owners and others with property interests navigate disputes that pertain to property. When you are dealing with real estate, time is of the essence, and you must act quickly to protect your rights. Otherwise, you could be denied an ownership right that you thought you had paid for or established. Call our real estate lawyers today at (770) 888-7707 or message us online to learn how we can help you.