Orange County, CA Quiet Title Lawyer
We Can Resolve Your Real Estate Dispute
Real estate disputes in California can sometimes be resolved by filing a quiet title lawsuit. But such lawsuits can be very complicated. And if you make the slightest mistake, you could jeopardize the outcome of your case.
That's why it's critical that you have an experienced California quiet title attorney handling your real estate matter. That's why you need the Law Offices of Daniel C. Carlton of Costa Mesa, California on your side.
Attorney Carlton has decades of experience handling complicated real estate matters in Southern California. He thoroughly understands how the legal system works in California and he can guide you through the quiet title process every step of the way.
What is a Quiet Title?
As the name implies, a "quiet title" is a lawsuit that quiets dispute over a contested property title. That way, 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.
As a result, a quiet title is a form of "preventive adjudication," a form of legal action intended to prevent further harm. As such, a quiet title is sometimes referred to as an "ejectment action," "try title" or "trespass to try title."
We Can File a Quiet Title Lawsuit For You
Though it may sound simple, a quiet title lawsuit is complicated and requires great familiarity with real estate law in order for the lawsuit to be beneficial 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. That process can be a tough task without an experienced real estate attorney on your side. That's why you need attorney Dan Carlton.
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
Along with being verified, title claims can often be subjected to various legal challenges, even years after a quiet title has been granted. Quiet title lawsuits may also be challenged on the basis of the expiration of the statute of limitations, the deadline for taking legal action. But the statute of limitations rules for quiet title lawsuits in California can often be vague. There may also be:
- Competing claims
- Surveying errors
- Boundary disputes
That's why it's critical that you contact our Orange County law firm as soon as possible to discuss the details of your quiet title claim. Attorney Carlton can explain the best approach for your particular case. He can then work with you to file your quiet title lawsuit or claim and handle all the other details associated with your case. Our law firm has the experience, the knowledge and the drive to win. Put your trust in us.