Whether you’re looking to buy or sell a property in New York, it’s important to be aware of your legal rights and obligations. One aspect of real estate law that you may not be familiar with is the “quiet title.”
What it is
A quiet title is a legal action that is taken to clear any claims or encumbrances on a property. Usually, this is done when there is some sort of dispute about who owns the property or if there are outstanding liens against it.
The purpose of a quiet title action is to establish, through the court system, that the person who is bringing the action (the “plaintiff”) is the rightful owner of the property. Once the court grants a quiet title, the plaintiff will have clear title to the property and any claims against it may get extinguished per real estate law.
In order to bring a quiet title action, the plaintiff must first give notice to all of the parties who may have an interest in the property. This includes anyone who has filed a lien against the property or has made a claim to ownership.
After giving notice, the plaintiff will then file a complaint with the court. The complaint will lay out the plaintiff’s claim to the property and why they believe they have clear title.
The court will then set a hearing date, at which all of the parties will have an opportunity to present their case. Once the court has made a decision, it may issue an order that either grants or denies the plaintiff’s request for a quiet title
If you’re thinking about buying or selling a property, it’s important to make sure that the real estate property is free and clear of any claims or liens with a quiet title action. This can give you peace of mind knowing that there are no outstanding claims on the property.