When you want to refinance or sell a property, you may discover during due diligence that someone has filed a formal ownership claim to part or all of the property. Or you may learn that the legal description of your property in official records does not match what you think you own. These circumstances can create a cloud on a property title, making it difficult or impossible to finance or sell it. You might also face claims from another party alleging they own some or all of your property. Fortunately, parties in land ownership disputes may resolve them through a quiet title action. A quiet title action asks a court to formally determine ownership rights in real estate and resolve competing claims.
What Are Quiet Title Actions
In Oregon, a quiet title action asks a court to declare the correct title to a piece of real estate when two or more parties have competing claims to an interest in it, thereby extinguishing any conflicting claims. Quiet title actions can clear a “cloud” on a title. A “cloud” refers to a claim of a real estate interest, a lien, or any discrepancy in the title record that may cast doubt regarding a party’s ownership or rights. Oregon Revised Statutes § 105.605 authorizes parties to file quiet title actions to resolve conflicting real estate claims.
In a quiet title action, the court holds a trial where parties with competing claims present evidence establishing their property rights or interests. Because quiet title actions provide equitable relief, the judge, not a jury, decides the case. After trial, the court enters a judgment that a party may record in public records; it binds the parties to the action and extinguishes any claim by a party ruled to have no interest in the property.
Common Reasons for Quiet Title Actions
Situations where parties may pursue a quiet title action include:
- Boundary disputes between neighboring property owners
- Resolving adverse possession claims (a party claims ownership through open and notorious occupation and use of someone else’s property for at least ten years, if the party reasonably believed in good faith that they owned the property)
- Gaps in the title record
- Inconsistencies between property deeds
- Discharged liens or paid-off mortgages that were never released
- Inherited property with unknown or missing heirs
- Disputed easement rights
- Forged or fraudulent deeds
Legal Requirements for a Quiet Title Action in Oregon
To quiet title to a property, a party must file a legal action in the county court where the property is located. A party filing a quiet title action must assert an interest in the property, such as an ownership interest, easement rights, or a lien. The party who files the action bears the burden of proving their interest; they cannot prevail simply because a party with a competing interest has a weaker case. In most cases, the party filing a quiet title action must include all other parties whom they know may have an interest in the property. The filing party may also have to record a lis pendens to provide public notice of the action; the parties will then discharge the lis pendens after the case ends,
Contact Our Oregon Real Estate Firm Today
If you find yourself in a property ownership dispute with others, a quiet title action can obtain a formal declaration of ownership rights. Contact Wayne A. Lamb Law today for an initial consultation with a knowledgeable Oregon real estate lawyer to learn more about quiet title actions and how they can help you resolve conflicting ownership claims that you may have with others for a piece of real estate.