If you are a homeowner, you know you have a title to the property you own. Deeds and plans are some of the documents that can be used to prove your ownership of the property. A person can easily complete a title search to learn who owns which properties in the state of New Hampshire. You can even do a title search to see who has owned properties in the past.
Title searches are normally used to ensure that a person selling a property is actually the current owner. The searches are also used to ensure there are no claims on the property, thanks to unpaid bills or settlements. If a person, or business, has placed a claim, or lien, on a property, it complicates things during the sale of the property.
Most of the time, title searches are simple. For those, no claims are attached to the properties. Title insurance is then easy to obtain. It is only those that have claims, or other issues, where title insurance is next to impossible to obtain without a little extra work.
When you are trying to resolve title issues, you may find yourself dealing with quieting title.
What is Quieting Title?
Quieting title basically silences any adverse title claims. This is done by settling the claim or by judicial decree. This is often completed through court actions that are similar to civil litigation cases. Most of the time, the procedure, evidence, and people involved are fairly straightforward.
However, there are times when quieting titles are very unique. The unique ones almost always bind the parties to the action. They also bind third parties, both now and in the future. That means future homeowners will never need to worry about future claims being added to what was finally a clean title.
Steps in the Quieting Title Process
If you are in a situation where you must follow the quieting title process, you must take the steps in the proper order. The current steps in the quieting title process include:
- Researching the ownership of the property, as well as the title requirements
- Drafting either a complaint or quiet title petition
- Filing and serving the quiet title lawsuit
- Obtaining the final judgment or court order
It is common for the quieting title process to take approximately three months. However, if your situation is difficult, it may take longer.
When Is It Necessary to Go Through the Quieting Title Process?
Not everyone will need to go through the quieting title process. However, there are certain situations where it will be appropriate. A few scenarios that may require a quieting title include:
- Perfecting Your Title
- Dispelling Gray Clouds
- Quieting Your Tax Deeds Title
- Asserting Your Title Against Someone Else Claiming the Property
You can quiet title on your own, but it can be time-consuming and complicated. It is usually best to have a lawyer assist you, so the process goes smoothly and quickly. If you are currently considering quieting title or think there’s a chance you will need to, contact my office today to schedule a consultation.