If you own Pennsylvania real estate, then you’ve inevitably heard of something called a quiet title action. What you may not understand about this concept, though, is what this legal process allows you to do, including establishing true ownership of a property. There are several situations in which someone may question the right to title to a property. It’s in these select instances that a landlord may wish to initiate a quiet title lawsuit.
In most jurisdictions, either a title company or a closing attorney will have to research or analyze a deed and other documents of title to see if there are any encumbrances such as unpaid property taxes or lienholder claims. They may also check for recording clerical errors including lack of documentation of an old mortgage payoff. Filing a quiet title action may help clear up problems of this sort.
A neighborly dispute or a lack of or an incomplete survey can call into question where a property’s boundaries lie. Easements such as shared driveways can make it difficult for parties to ascertain ownership rights as well. A landlord may need to file a quiet title action to clarify such property rights.
Individuals may also need to file a quiet title action to resolve disputes involving heirs’ ownership rights. It’s common for an executor to hold an estate sale to sell off a decedent’s property so they can turn over any remaining assets to the heirs. Interested parties may need to file a quiet title action if there’s any question about whether an heir agreed to sell the property before issuing a clean title to the new owner.
Real estate issues such as easements, encumbrances and heir ownership rights disputes are often complex to resolve. One of the best things you can do to avoid things lingering on for an extended period is to allow a quiet title attorney to step in and sort through your Philadelphia real estate matter on your behalf. An experienced real estate lawyer will know the ins and outs of this legal process necessary to achieve a swift resolution in your Pennsylvania case.