Understanding Quiet Title Actions in Florida

Quiet title actions in Florida are formal court procedures that determine whether any open claims to the title of a real property are valid. It is easy to understand why anyone who purchases a home or building for their business wants to ensure that they own the property completely, with the exception of limited rights, such as the right of a utility company to enter the premises. Title to your property means you can use your property as you wish and that you can still sell it.

In Florida, real property can be titled solely, in your name only, or it can be owned jointly. Jointly owning property can be done through joint tenants with right of survivorship, tenants by entirety, or as tenants in common. There are times when another person may have claim to the property and the original owner wants to remove them. This is known as a quiet title action. Below, our New Port Richey real estate lawyer explains further.

How Do Quiet Title Actions in Florida Work?

During a quiet title action, the court will determine who actually owns the real property in question. The plaintiff, or the person claiming to be the sole owner, files a quiet title action with the appropriate Florida court to ask the court to terminate any claims against the property. If there are claims that are removed, the owner can then use and sell the property as they wish without fear of repercussion. Quiet title actions are filed for many reasons, including:

Owners file quiet title actions when they want to sell the property to ensure it is free from claims from mortgage companies, creditors, and lien holders.
Someone other than the owner can file a quiet title action if they are claiming boundary disputes, adverse ownership, or other reasons.
Title companies request quiet title actions to write title insurance on the property. Title insurance can pay claims against the property, as long as the policy provides coverage for the claims.

Requirements for Quiet Title Actions in Florida

There are certain requirements that must be met before filing a quiet title action. To file a quiet title action, plaintiffs must:

State the address of the property
Have the legal description of the property
Include the tax ID and the parcel number
State that they are the owner of the property
Describe how they became the owner of the property, such as purchasing it from a previous owner
Identify the claims against the property

Plaintiffs in quiet title actions can either be a person or a corporation.

Our Real Estate Lawyer in New Port Richey Can Help You Through the Process

If you need to file a quiet title action, our New Port Richey real estate lawyer at Messina Law Group, P.A. can provide the legal advice you need and guide you through the process. Call us now at (813) 492-7798 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Source:

flsenate.gov/laws/statutes/2011/69.041