Quiet Title
We’ll be discussing quiet title actions in this post. Read on to learn more about quiet title in Oklahoma!
A quiet title action is a type of lawsuit that is brought in court when the rightful owner of the property is in question. This action is meant to resolve the conflicting claims of ownership on the property in question and clarify who the legal owner of the property is. Once the court grants legal ownership to the party who brought the quiet title action, they are in full possession of the property and protected from any claims to ownership made by the conflicting parties names in the suit.
Quiet title actions may be used when the chain of title to the property in question is broken. A “chain of title” sequentially traces the transfer history of property ownership from the current owner all the way back to the original owner. When property ownership is transferred, this transfer is evidenced by recording certain documentation with the County Clerk, usually a deed. Click HERE to learn more about the different types of deeds used to transfer ownership. But when the proper documentation is not recorded, there is said to be a break in the chain of title.
Consider the following example: Alan is the original owner of a farm. Using a deed, Alan transfers all his ownership to Barry, which Barry properly records with the County Clerk. Barry then transfers all his ownership in the farm to Carl by deed, but Carl loses the deed and never properly records it. Carl then transfers by deed all his ownership in the farm to the current owner, David, who properly records the deed. Here, the chain of title was broken when Carl did not record his deed. Between Barry and David, it is unclear who the rightful owner of the farm is.
Quiet title actions can also be brought to resolve a number of circumstances leading to unclear ownership, including property survey errors, boundary disputes between two neighboring parties, fraudulent transfers of the property, and conflicting claims between heirs to the property. Claims of adverse possession are also clarified through quiet title actions. As we previously discussed HERE, adverse possession is a legal doctrine that allows someone who inhabits or possesses land owned by another person to eventually acquire valid title to that land.
Our firm has helped our clients across Oklahoma establish ownership to real property, including mineral rights, through quiet title actions. Contact us for a client-centered approach to your real property questions and needs.