What is a quiet title action?
A quiet title action is a legal procedure used in Florida Property Law to establish legal rights in a piece of property. In a quiet title action, a property owner will bring a lawsuit against another person or entity claiming a right or interest in the property. The lawsuit asks a court to determine which person has the right to the title of the property. Most commonly, quiet title actions are used to resolve disputes over ownership interests or boundary lines. For example, if a person moves to a new neighborhood and discovers that their neighbor is building a fence that encroaches on their land, a quiet title action can be used to settle the dispute. The lawsuit can also be used to quiet title to a property that is subject to ambiguity caused by conflicting deeds, mortgages, or tax liens, or when a property is registered in the name of a person who has died or is missing. Quiet title actions can be complex, and often require the assistance of a real estate lawyer. The plaintiff in the lawsuit must present evidence to prove ownership or other rights to the property, and the defendant can respond by offering evidence that contradicts the plaintiff’s claim to the title. Once the parties to the action present their evidence, the court will issue a judgment either confirming the plaintiff’s right to the title or awarding it to the defendant.
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