Choosing to buy a home is one of the biggest decisions you can make and you want to go about it the right way. That’s where a closing attorney comes into play. He or she can assist you with dotting the i’s and crossing the t’s in order to ensure that that the process goes smoothly.
While you’re likely really excited to get the buying process over and done with, sometimes complications can arise. One such problem is a disputed title. If someone claims that he or she has title to a real estate property, but someone else disputes this title, he or she can bring a civil action called a “quiet title action.” Sometimes missing records or clerical errors cause confusion; it’s not always contentious. Those buying a home may be surprised to find that they need to file a quiet title action in order to clarify the true owner of the property.
Determining Title Validity
A quiet title action exists in order to determine whether someone’s title is valid and to subsequently quiet the remaining claims to it. A quiet title action is generally brought against those who are either claiming an interest or may claim an interest in the property, or against those who appear to harbor an adverse interest.
There are various situations in which a quiet title action may be necessary, such as:
- A Boundary Dispute – Often neighbors may disagree as to where the true boundary lines of a property are located. This may cause one party to file for a quiet title action. The lack of a full survey of the land could also cause such an action.
- Challenge of Ownership by Heirs – When a property is sold at an estate sale, there are often surviving loved ones or heirs who lay claim to the title. Since these situations can be so complex a buyer may choose to initiate a quiet title action in order to legally confirm that there are no disputes and that the title is clean.
- Clerical Errors – Unfortunately, sometimes people make mistakes and there are clerical errors made on the property deed. Such errors will need to be identified and corrected in order to ensure that there will be no further disputes.
While these are some of the most common situations leading to a quiet title action, there are many other reasons, such as a lack of physical records demonstrating that the mortgage has been paid off or even a lack of physical records may trigger a party to take such an action.
The PALUMBO LAW Helps Those in Rhode Island with their Real Estate Needs
Since buying a home can often be so complex and confusing, it’s in your best interest to consult with a knowledgeable and qualified Rhode Island Residential Real Estate Attorney.
At PALUMBO LAW, our experienced Rhode Island Real Estate lawyers work strategically to help our clients (both buyers and sellers alike) to get what they deserve. We can help to make sure that your rights are upheld. To learn more or to schedule a free consultation, call us today!