Quiet Title Action

A quiet title action is brought to establish, or “quiet”, an interest in real estate between adverse parties. One can establish any interest in property or cloud upon title. (CCP §760.010). The procedure cannot be used to cancel recorded instruments or determine property lines. The quiet title remedy is cumulative with any other results, including damages or cancelling a document.

The lawsuit may be filed by the holder of any interest in the land, whether it be the title, a lease, or license, an easement, or title by adverse possession.

Quiet title actions must be filed in the superior court where the real property, or any part of it is located.

In a quiet title lawsuit the plaintiff has an interest, and the defendant claims an adverse interest. This is different than an action to remove a cloud on title (Civil Code §3412+) which directed at a particular document or instrument or other evidence. The plaintiff just alleges facts showing that the document is invalid.

A quiet title judgment binds all persons claiming an interest in the property. (CCP §764.030) The person filing the action must search the county recorder’s records to make sure that everyone is included in the lawsuit. The judgment is not binding on non-parties whose claim is of record prior to the recording of the lis pendens. The judgment does bind non-parties to the lawsuit who have adverse claims in the property that were not recorded at the time the suit was filed.


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