Quiet Title Issues

What are quiet title issues?

Quiet title issues refer to disputes or uncertainties regarding property ownership. A quiet title action is a legal proceeding brought in court to establish clear and unambiguous property ownership and to remove any competing claims or challenges to that ownership.

Some of the most common quiet title issues include the following:

Unrecorded deeds or conveyances: When the parties to the transfer of ownership of a property do not correctly record with the county recorder’s office, it can create confusion or disputes about who owns the property.
Boundary disputes: When the boundaries of a property are unclear, or there is disagreement about where their location, it can lead to disputes over ownership and use of the property.
Encroachments: When a neighboring property owner encroaches on another property, such as by building a fence or structure that extends beyond their property line, it can create a dispute over who owns that portion of the property.
Clouded title: Competing claims or liens on a property can create uncertainty about who owns the property and make it difficult to sell or transfer ownership.
Adverse possession: This action occurs when a person (not the legal owner) takes control of a property and uses it openly and continuously for a particular time, typically 7 to 20 years. Suppose the legal owner fails to challenge the adverse possessor’s claim to the property during this period. In that case, the adverse possessor may be able to claim ownership of the property through a quiet title action.
Liens and encumbrances: Liens and encumbrances on a property, such as mortgages, tax liens, or judgments, can create disputes over ownership and lead to litigation to establish a clear title.
Fraudulent conveyances: Fraudulent conveyances occur when a party transfers property with the intent to defraud or avoid creditors. These transfers are challengeable through a quiet title action.

Need help regarding quiet title issues? Schedule your consultation today with a top real estate transactions & disputes attorney.

Which laws, rules, and regulations apply to quiet title issues?

In Florida, quiet title actions fall under Chapter 65 of the Florida Statutes. Additionally, there are several other laws and regulations in Florida that can impact quiet title issues, including:

Recording statutes: Florida’s recording statutes, housed in Stat. Chapter 695, set forth the state’s requirements for recording and documenting real estate transactions. These statutes help to ensure that property ownership is properly documented and can help to prevent disputes over ownership.
Real estate contracts: Real estate contracts in Florida must be in writing and comply with the requirements of Florida law. Failure to comply with these requirements can lead to disputes over the contract’s validity and the property’s ownership.
Zoning laws: Zoning laws in Florida establish the legal character of properties throughout the state and can impact the value and ownership of real estate. Zoning disputes can arise when property owners disagree about the permitted use of a property.
Property tax laws: Property tax laws in Florida can impact real estate ownership by creating liens or claims against a property for unpaid taxes.

What are strategic measures to minimize the risk of litigation over quiet title issues?

Consider the following strategies:

Conducting a title search: A title search can reveal any liens, encumbrances, or other property title issues that could lead to disputes over ownership. Reviewing the title report carefully and addressing any problems before selling or transferring the property is essential.
Obtaining title insurance: Title insurance can protect against unforeseen title defects or claims. Therefore, property owners should consider getting title insurance to minimize the risk of litigation over quiet title issues.
Properly recording deeds and other conveyances: It’s vital to ensure that all deeds and other conveyances are correctly registered with the county recorder’s office to establish a clear chain of title and minimize the risk of disputes over ownership.
Resolving boundary disputes: Boundary disputes can be costly and time-consuming to resolve through litigation. Therefore, property owners should attempt to resolve boundary disputes through negotiation or mediation before resorting to litigation.
Obtaining a survey: A survey can accurately describe the property’s boundaries and help resolve any boundary disputes before they escalate into litigation.

When a set of facts is appropriate to cause quiet title issues, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What evidence does a plaintiff generally need to file a lawsuit regarding quiet title issues, and what are common legal defenses to those claims?

To file a lawsuit regarding quiet title issues successfully, a plaintiff generally needs to provide evidence that:

They have an ownership interest in the property in question, either through a deed, will, or other legal instrument.
The defendant is claiming an interest in the property that is adverse to the plaintiff’s interest.
The plaintiff has satisfied all legal requirements to establish ownership, such as paying property taxes, obtaining required permits, and complying with zoning and land use regulations.
The plaintiff has attempted to resolve the dispute with the defendant through negotiation or other means but has been unsuccessful.

Common legal defenses to quiet title claims include:

Lack of standing: A defendant may argue that the plaintiff does not have standing to bring the quiet title action, either because they do not have a valid ownership interest in the property or because they have not satisfied all legal requirements to establish ownership.
Statute of limitations: In Florida, the limitation for quiet title actions is typically four years. If the plaintiff has waited too long to file the lawsuit, the defendant may argue that the statute of limitations has expired.
Laches: Laches is a legal doctrine that prevents a party from bringing a claim if they have unreasonably delayed asserting their rights and the delay has prejudiced the defendant. A defendant may argue that the plaintiff has unduly delayed bringing the quiet title action and has prejudiced the defendant.
Adverse possession: If the defendant has been in control of the property openly and continuously for a particular time (seven years in Florida), they may be able to claim ownership of the property through adverse possession.

Please contact our office to set up your initial consultation to see what actions or defenses may be available for your unique situation.

Frequently Asked Questions

What is title insurance, and how can it help with quiet title issues?

Title insurance is a type of insurance that protects against title defects or claims. Property owners can obtain title insurance to minimize the risk of litigation over quiet title issues.

Can a quiet title action be avoided:

Sometimes, a quiet title action is avoidable through pre-suit negotiation, mediation, or other non-litigation means of resolving disputes over ownership.

Do I need an attorney to file a quiet title action?

In almost every case of quiet title issues, owners consult with an experienced real estate attorney in Florida to ensure that their legal rights are protected in a quiet title action.

Have more questions about a quiet title issue-related situation?

Crucially, this overview of quiet title issues does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.