Real estate ownership is becoming big business among different people. As more people become interested in real estate, there are greater chances of claims to ownership.
In order to avoid conflict over a piece of property, a quiet title action may be beneficial. There are a few important things to understand about this process.
In short, a quiet title action serves to "quiet" anyone's claim to a property. It is important to note that it does not fully terminate a party's rights to a property, nor does it remove certain claims to a property, such as federal liens. However, it does provide a basis for the claimant to secure title to the property and receive a title insurance policy. Particularly in the case of tax deed sales, obtaining a quiet title action is very beneficial, as it allows the purchaser to gain real property rights.
There are certain instances where people can gain rights to a property without a quiet title action. If a party can show a chain of title that specifically shows that a party owns a free and clear title, then an additional action is not necessary. Also, if a party occupies a property, pays taxes on it and cares for it for four consecutive years, that party obtains peaceable possession of the property. However, in that case, a quiet title action may still be beneficial, especially if the party desires to sell the property in the future.
A party must file a quiet title action with the Florida court to begin the process. The claimant must show his or her rights to the property, and if anyone else claims rights to the property, they must present their evidence as well. Upon review of all claims, the judge makes a decision, which is filed within the real estate records of the property.
For those looking to sell or occupy a property, a quiet title action can be beneficial. Consider speaking with a knowledgeable professional to determine the best course of action in your particular situation.