What’s a quite-title action?

Jul 14, 2021

Kiritsis Law Group 212 922 0005

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, quite-title actions refer to suits brought to remove claim(s) and/or objection(s) to title. Due to the important public policy of avoiding real property disputes, many jurisdictions provide ways for quite-title actions to be accelerated, compared to other civil actions. In order for a quite-title action to be successful, a plaintiff usually needs to have rights to the property or be in privity with parties that have rights to the property; this is often caused, when a plaintiff’s standing to bring the action is challenged. A quite-title action, may seek to obtain a clear title to a property (i.e. liens create pending or current clouds on title) or a particular title defect. Parties pursuing quite-title actions, should be attentive to potential statute of limitation and/or multi-jurisdictional enforcement issues. Quite-title actions often arise in disputes involving adverse possession, fraudulent conveyances, eminent domain actions, improper deed recordings, and conflicting/erroneous surveys. 

 

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