Dispute With Unlawful Property Occupant Over Who Owns Title? Call Us!
Just as the name implies, a "quiet title" is a lawsuit that quiets dispute over a property title so that no one besides the rightful owner of the title to real property can make a claim against that property. For instance, if another party is occupying the land other than the rightful owner of the property's title, a quiet title can help the plaintiff recover possession of that property from the unlawful or trespassing defendant. It is a form of "preventive adjudication," and is sometimes referred to as an "ejectment action," "try title," "trespass to try title."
We Can File a Quiet Title Lawsuit to Help Get Your Orange County Property Back
Though it may sound simple, a quiet title lawsuit is complicated and requires great familiarity with real estate law in order to be of benefit to a property owner. The court will conduct an evidentiary hearing to establish whether a quiet title should be granted. Through an in-depth discovery process, the plaintiff must prove specific facts that show an instrument clouds their title in some way or is invalid, which can be a tough task without a seasoned real estate attorney at your side. Daniel C. Carlton is that man.
The major distinction in quiet title action cases is that any complaint seeking quiet title needs to be verified, and any allegations are verified under penalty of perjury. California Code of Civil Procedure § 761.020 states what must be pled for a quiet title claim, while Code § 761.030 states what must be pled by a defendant in answer to the allegations.
Quiet Title Claims Must Be Verified With Evidentiary Hearing-We Can Help
In addition to quiet title lawsuits, we offer real estate law services ranging from brokerage disputes to commercial transactions and leases. Call the Law Offices of Daniel C. Carlton today at (949) 757-0707 or contact us online. Every conversation is personalized and confidential. We handle complex real estate disputes in the entire Orange County area, including Santa Ana, Garden Grove, Anaheim, Costa Mesa, Lake Forest, Mission Viejo, Laguna Niguel, Newport Beach and Tustin.