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A quiet title is a legal mechanism that grants clear ownership to a single owner when there are multiple property claims. The plaintiff must present a legitimate property claim to the court, and if approved, is granted a release action that supersedes any other claims. Obtaining a quiet title is common when purchasing property with a deed to ensure clear ownership.
Silent titles are legal mechanisms that allow clear title to be granted to a single owner when there is the possibility of several property claims. The name of the action refers to the result of this action, as by establishing a clear owner of the immovable property, it is possible to “settle” all other claims. A quiet property deed effectively silences any claims that may arise from unclear transfers of ownership in the past.
To obtain a quiet title, the plaintiff must request a decree from the competent territorial court. As part of the process, the plaintiff must be able to present what the court would consider a legitimate property claim. For example, the applicant may be able to document that the property in question is currently occupied by the applicant. Furthermore, the applicant would have to demonstrate that he took possession of the property in good faith and had no idea that there were any other potential claimants to the property.
If the court finds that the claim meets the standards set by the local jurisdiction, the plaintiff is granted a so-called release action. This decree is essentially a formal announcement that the court recognizes the claim and deems it to supersede any other possible claims against the property. This is also true in cases where missing heirs, privileges established under the former ownership, or remains come to light at a later date. Unless compelling evidence emerges at a later date, the plaintiff granted title to quiet is recognized as the legitimate and rightful owner of the property.
A common reason for seeking a quick title action is to clear up any lingering problems associated with the conveyed property with the use of a waiver. A deed essentially guarantees that the previous owner waives all claims on the property, but it does not necessarily guarantee that the title is completely clear. Because the deed leaves the door open for other former owners to claim an interest in the property, some means are needed to protect the current owner’s interests. This is where the quiet title comes into play.
When property is purchased with the use of a deed, the new owner usually proceeds with applying for quiet title as soon as possible. This provides the security of ownership that a deed of waiver cannot provide. Once quiet title is granted, the owner can be reasonably confident that the title is considered good and can proceed to use the property in any manner permitted by applicable law.
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