diamond - quiet title suits

8/4/2019 DIAMOND - Quiet Title Suits

1/3

Quiet Title Suits

I. Introduction

A quiet title action is a lawsuit brought by a person or entity claiming title to all or a

portion of a specific parcel of property and requesting the court to find that the plaintiffs title is

superior to any interest held or claimed by any of the named defendants. It is a mechanism to

cure defects in the title to property, thereby providing assurance to the owner who brings the

action, as well as subsequent purchasers, of the status of title and correctness of the real

property records.

In Colorado, a quiet title action is usually brought pursuant to C.R.C.P. Rule 105. It is

sometimes called a Rule 105 Action. The lawsuit is often brought when there has been a

defect in record title arising out of missing parties, deaths of parties in ownership or with rights

to the property, or parties whose names cannot be determined. Quiet title actions are also

used when a new chain of title is being created, for instance, after a tax sale in which a taxcertificate is redeemed after three years and an assessors deed has issued. The same is true

for title established as a result of adverse possession or accretion (when property is bounded

by water, usually a river, and the river changes course).

The typical quiet title action is brought against both known and unknown parties. Known

parties are those having some record interest in title or having possession of the property. Also,

persons with a potential claim are named if the plaintiff seeks to terminate those potential

claims. Unknown parties are those which are not named specifically, but who may claim an

interest in the property derivative of the named parties or as a result of the subject matter of the

action. Unnamed parties are usually deemed served with notice of the action by publication,

which the court has the authority to require and monitor.

II. In General

A "quiet title suit" is a judicial proceeding to remove a cloud or clouds on a title to real property.A "quiet title suit" may also be used to establish title as where a plaintiff claims title throughadverse possession.

A quiet title action is frequently used to:

y Extinguish easements.

y Clear tax titles.y Release remote claims to the property.y Substantiate the title of an adverse possessor.y Clear the cloud on the title produced by a forfeited recorded contract for deed.y Furnish record evidence of titles which would otherwise rest entirely on estoppel by

deed.y Reform or construe original records which were invalid by reason of inherent defects, or

uncertain as to parties, property, or terms.


2/3

There are advantages of a decree entered in an action to quiet or confirm title. In a properlyconducted action, it may adjudicate the title of the owner as against:

y Parties from whom the securing of voluntary releases would be impracticable orimpossible;

y Nonresidents;y Unknown claimants;y Parties yet unborn or not ascertainable.

The importance of these decrees in a chain of title cannot be overestimated. Even when rightsadverse to the record owner have been barred by laches, estoppel or limitation, those facts canseldom be made to appear of record other than by court adjudication.

Validity and Sufficiency of the Decree

Because any decree or judgment entered in a suit to quiet title becomes a muniment of title, itbecomes necessary to determine that:

y It is valid.y It is sufficient to remove the cloud, defect, or uncertainty which was the occasion for the

action.

In this respect, the following points should be considered:

Proper Jurisdiction of the Court

A district court must enter the order. A probate court cannot enter a decree quieting title basedupon adverse possession.

The court must have control over the ?thing? affected by the judgment, e.g., the land must belocated within the territorial area of the court before it can enter a decree quieting the title.

Petition or Complaint

The allegations in a petition to quiet title can disclose a legal or equitable cause of action or cancombine the two kinds of actions.

Defendants

All persons or entities who have estates, interests or encumbrances on the land and who will beaffected by the decree must be made parties to the suit and must have become subject to the

orders of the court either by reason of their voluntary entries of appearance or by proper serviceof process upon them.

Guardian Ad Litem

Guardians ad litem must be appointed by the court in order to protect the rights of minors,unborn or unknown defendants, and also, to comply with the provisions of the Service membersCivil Relief Act of 2003.


3/3

Decree

A judgment in favor of a plaintiff who claims absolute title is all that is necessary to bar everyright of ownership which the defendant might have.

Appeal

After a judgment has been entered:

y the court making it, on the motion of any of the parties or on its own motion, can modify itor set it aside;

y a party to the suit can file an appeal to a higher court, requesting that the decree bemodified or set aside.

Parties With Interest Who Were Not Named as Defendants

Parties with interest in the property who were not named as defendants are not bound by the

decree or judgment quieting the title.

Recordability

After the expiration of the appeal or review period, a certified copy of the judgment or decreemust be filed for record in the appropriate recorder's or register's office.

diamond - quiet title suits

Documents