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Posted by: Maricopa Lawyers on Jun 10, 2016

A quiet title action is a lawsuit filed to determine who owns a piece of real estate. In these lawsuits a court essentially determines who owns the property title. When there is uncertainty about the boundary, claims by a lien holder, a question about an old mortgage, or an easement that’s been used for years without a recorded description a quiet title action is usually filed.

When should you file a quiet title action?

Title ownership uncertainty doesn’t always have to end in a dispute. If the parties involved are willing to cooperate and are able to agree on how the property should be owned, a lawsuit isn’t always necessary. In these cases, these issues can be resolved by just amending a deed or other documents that give the ownership rights. When the parties cannot come to an agreement, and when property deeds cannot be found, the best solution is usually to file a quiet title action.

How to file a quiet title action

If you are unable to resolve a property dispute on your own, you may want to file a quiet title action.

  • First, get a copy of your property deed to see if there are any liens listed on your property.
  • Consult with an attorney so they can offer you advice and make sure you are following all of the correct steps.
  • Get a quiet title action form to file a petition with the court. Most courts offer a form that is easy to fill in. You will need to fill out your name and address, property under dispute, how you purchased the property, the name or names of the defendants, and any other facts relevant to your situation.
  • File your petition in the county that your property is located in with the court clerk. Typically, you will have to pay a filing fee.
  • Finally, send a copy of the petition to all defendants listed. You will also need to fill out a proof of service form.

If you would like to consult an attorney about a quiet title action, contact us here.