Acquiring property is a momentous occasion in a person’s life. A car, a house, a vacation home – these are true measures of our hard work.
However, nothing dampens the mood like finding out other people may also have an ownership stake in the property.
For those in the midst of a property dispute, the primary objective is resolving the matter in your favor in the most efficient, and affordable, way possible. How is this accomplished? The quiet title action is a common solution.
A multi-faceted legal instrument
Although it sounds like a byzantine legal doctrine, the idea of the quiet title action is rather quite simple. It’s simply a legal instrument that asks a court to grant the moving party (the filer of the action) sole title to the property in question. If the action is approved all other claims to the property are “quieted.”
They are commonly used to resolve controversies derived from boundary disputes, property transfers via quit claim deed, and claims of adverse possession.
Quiet title actions are popular because they’re fast and affordable. In many instances, hostile parties either don’t respond to the action or concede their interest forthright.
However, quiet title actions are not silver bullets. Firstly, they can only be used in disputes over real property (houses, land, etc.) and not intellectual property. Additionally, quiet title actions do not warrant against deficiencies in the property itself.
Like other legal instruments, Illinois residents should only draft quiet title actions with the assistance of an experienced real estate lawyer. Property law is notoriously slippery and the consequences of an erroneous filing simply too enormous to risk a mistake. Having professional help guarantees peace of mind now and less headaches in the future.