Quiet Title Attorney

Quiet Title Actions

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 or threaten to eventually take an ownership interest through their current actions. As a property owner, you can get a court involved to confirm your ownership rights in the property and to quash any challenges to your ownership or clouds on your title. This is called a quiet title action, and it requires a court proceeding with the help of an experienced real estate quiet title attorney. The Law Offices of Mark Weinstein, PC can help you with this process when you are seeking to conclusively establish ownership of your property.

Quiet Title Process

The goal of a quiet title action is to remove anything that casts a cloud over the ownership of your real estate. There could be a written instrument that casts doubt on your ownership or another interest that someone has established over the years. You can file a quiet title action preemptively or in response to a specific issue that affects your real estate.

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.

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.

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.

How to Be Successful in a Quiet Title Action

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.

Quiet Title Action Attorney: Frequently Asked Questions

How long does it take to quiet a title?

The length of your proceeding would depend on the specific facts and the complexity of your case.

What is conveyance?

A conveyance is the act of transferring property between one owner and another using a document, such as a deed, contract, or lease.

What is the difference between a Quit Claim Deed and a Quiet Title Action?

A quiet title action is what you would do in order to remove someone’s interest from your property, whether it is an easement or another type of right. A quit claim deed transfers the owner’s interest in the property to someone else, whatever the owner’s interest may be.

What is the difference between a Quiet Title Action and a Partition Action?

A quiet title action is different from a partition case, where two or more owners cannot agree on how to convey or dispose of property and the court divides it.

Why would a property owner file a quiet title suit?

A property owner would bring a quiet title lawsuit in order to clarify and confirm their own property interest. A quiet title action can settle an ownership dispute or fix a problem in the chain of title.

Who can claim property based on adverse possession?

When you buy or own land, you may be surprised to see someone on your property, whether they are occupying some or all of it. In Georgia, trespassers actually have some rights when they have been trespassing for a long time. While it seems unfair, when the property owner does not do anything to enforce their own rights for an extended period of time, they could actually lose their undivided interest in their property.

Trespassers could either be there with no permission or right, or they could think they own the land through the color of title (a deed or other instrument that purportedly gives them a property right). As a property owner, you must take action to stop an adverse possessor and establish your exclusive right of ownership. You would do this through a quiet title action. The first step is to call a quiet title attorney to learn about your legal rights and the process.

Georgia Attorney for Quiet Title Suits

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.