The general concept behind a quiet title action is to establish title to real property, or the rights associated with it (such as mineral rights), between adverse claims to that property. A quiet title remedy can be combined with other causes of actions or remedies, such as breach of contract and fraud.
Jurisdiction for quiet title actions generally rests in the Superior Court of the county in which the property at issue is located. In order to properly plead a quiet title cause of action, a plaintiff must include the following in a verified complaint:
- a description of the property at issue;
- the title of the plaintiff as to which a determination of quiet title is sought;
- the adverse claims to the plaintiff’s title;
- the date as of which the determination of quiet title is sought; and
- a prayer for the determination of plaintiff’s title against any adverse claim.
In California, when a quiet title action is filed, the plaintiff is also required to file a notice of pendency of action. This puts all pending purchasers of the property on notice that the quiet title action is pending.
A plaintiff seeking a quiet title determination generally has to prove his/her case by clear and convincing evidence, rather than just by a preponderance of evidence. Additionally, a Court will not enter a default judgment for quiet title. Rather, a plaintiff will have to prove his/her case via prove up or at trial in order to obtain a quiet title judgment.
If you are a party to a quiet action dispute and have any additional questions, please contact the VC Law Group, LLP via telephone at (858) 519-7333 or email at info@thevclawgroup.com.