QUIET TITLE ACTION
A lawsuit may be filed by a party to clear title against any kind of interest or claim against a real property. California Code of Civil Procedure §760.010 states that a “claim includes any legal or equitable right, title, estate, lien, or interest in property or cloud on title.” An adverse claim could be made by any person that asserts ownership in the property, or anyone who interferes with the person’s right of enjoyment of the property. The action could also be filed if the title to real property becomes uninsurable, or the act of party has decreased the value of property.
The most common action for quiet title is the dispute for ownership of real property. The dispute may be as the result of loss of ownership for fraud committed against the owner of property. The dispute for ownership may also be as result of transfer of title to another for safekeeping (actual trust), or due to wrongful obtaining the title to real property (constructive trust).
The ownership dispute may also result due to a transfer that is not in chain of title. That is, someone that has no interest in the property – as the result of mistake or actual fraud – transfers the title to a real property to himself, herself, or to a third party. California Code of Civil Procedure §770.010 to 770.080 sets the procedure for clearing the chain of title.
The quiet title action could be filed by any person claiming ownership of the real property. The action also could be filed by a person claiming equitable interest or right of possession to the real property. The elements of cause of action are different for each action.
The plaintiff in an action for quiet title must prevail on the strength of the proof of his or her own title and not on the weakness of the adversary’s claim of title (see California Evidence Code §630).
There is no time limit to file an action for quiet title. However, when the person having the adverse claim brings it to the attention of plaintiff, the plaintiff must file the quiet title action within five years of assertion of claim. The statute of limitations for action related to fraud is three years, and for tax sales is one year.
For more information call us at (310)553-5562.
A lawsuit may be filed by a party to clear title against any kind of interest or claim against a real property. California Code of Civil Procedure §760.010 states that a “claim includes any legal or equitable right, title, estate, lien, or interest in property or cloud on title.” An adverse claim could be made by any person that asserts ownership in the property, or anyone who interferes with the person’s right of enjoyment of the property. The action could also be filed if the title to real property becomes uninsurable, or the act of party has decreased the value of property.
The most common action for quiet title is the dispute for ownership of real property. The dispute may be as the result of loss of ownership for fraud committed against the owner of property. The dispute for ownership may also be as result of transfer of title to another for safekeeping (actual trust), or due to wrongful obtaining the title to real property (constructive trust).
The ownership dispute may also result due to a transfer that is not in chain of title. That is, someone that has no interest in the property – as the result of mistake or actual fraud – transfers the title to a real property to himself, herself, or to a third party. California Code of Civil Procedure §770.010 to 770.080 sets the procedure for clearing the chain of title.
The quiet title action could be filed by any person claiming ownership of the real property. The action also could be filed by a person claiming equitable interest or right of possession to the real property. The elements of cause of action are different for each action.
The plaintiff in an action for quiet title must prevail on the strength of the proof of his or her own title and not on the weakness of the adversary’s claim of title (see California Evidence Code §630).
There is no time limit to file an action for quiet title. However, when the person having the adverse claim brings it to the attention of plaintiff, the plaintiff must file the quiet title action within five years of assertion of claim. The statute of limitations for action related to fraud is three years, and for tax sales is one year.
For more information call us at (310)553-5562.
