Estate Planning and Business Law

Quiet Title Action in California

What is it?

It is used in determining who the true owner of a property is or who holds the interests in a property. Quiet Title Action suits come about because of the various types of interests that can be held in a property. These interests include outright ownerships, easements for mining, municipals, landlines, etc. The dispute comes about when these various rights or interests become adverse to one another when a party with a title and/or possessions denies the rights of a different party with rights in that property because it will decrease enjoyment or valuable of the property, or leaves the title unsuitable.

How to file a Title Action Case?

The fee for filing a Quiet Title Action case in California is currently $435. It should be filed in the county where the real property is located. Generally, to be able to file a Quiet Title Action suit, the plaintiff has to have a legal interest in the property, rather than an equitable interest, however some exceptions are made.

While this process is taking place, the plaintiff will need to fill out a Lis Pendens form, and distribute it to buyer, creditors, and transferors to notify them of the suit on the property.

Things to know about Quiet Title Action Suits

Quiet Title suits will not determine the boundaries, and will not cancel other rights that are held in adversity with rights of the property. However, they can be used to cancel a document that has created the adverse right.

When filing a suit, all those with rights to the property must be included, not just those with current adversities. It is the plaintiff’s job to go to the county recorder to have the file retrieved on all parties who have rights or interests in the land, and notify them of the suit.

Blackwell, Santaella & Jahangiri, LLP specializes in business and corporate law, business, commercial and real estate litigation, estate planning, probate and elder law. We are located in San Ramon. We are open from 8:30 a.m. to 5:00 p.m., Monday to Friday. To make an appointment please call 925-359-3233.

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