No matter how long you’ve owned your property, your ability to fully use it is only as good as the record of title verifying your sole ownership. An unexpected claim of competing ownership, an error in the title documents, an old tax deed, or a questionable lien can cloud one’s title to property and potentially disrupt a sale or refinancing. That’s where a quiet title action comes in: a special legal process designed to “quiet” those title issues and judicially confirm clear, undisputed ownership.
A quiet title action is a specialized lawsuit used to resolve and remove any “cloud on title” – a legal term for any issue that negatively impacts the ownership of property. Practically speaking, a cloud on title can make it difficult or impossible to sell property because it prevents an owner, lender, or buyer from obtaining title insurance. Accordingly, quiet title actions are used to remedy a number of issues that can cloud title, including:
- Competing claims of ownership arising from issues such as fraud, forgery, questionable past title transfers, disputes between co-owners, and disputes between neighboring property owners
- Unclear interests in a property relating to claims of easement rights, security interests, or contractual rights
- Old liens or similar claims that may have been satisfied but were never properly discharged
- Tax deed purchases which title companies will not insure without a quiet title action
- Clerical errors in the deeds and other documents making up the chain of title
No matter the reason, pursuing a quiet title action can be a critical step toward restoring confidence in your ownership and clearing the path for future transactions. Whether you’re looking to sell, refinance, or simply resolve lingering uncertainty, a successful quiet title action gives you the legal clarity needed to move forward with peace of mind as a property owner.
How a Quiet Title Action Works
Quiet title actions are specialized lawsuits that arise out of specific Georgia laws. They provide statutory procedures and requirements that make them different from other types of lawsuits. Here’s a step-by-step look at how the process typically unfolds in Georgia:
1. Consult with an experienced real estate attorney
Quiet title actions are highly technical and often require strict compliance with procedural rules. Working with an attorney who regularly handles these cases is essential. They’ll help you understand your options, guide you through the appropriate legal steps, and begin gathering the documentation needed to support your case.
2. Determine the appropriate type of quiet title action
In Georgia, there are two types of quiet title actions:
- Conventional Quiet Title (OCGA § 23-3-40): Used when there’s a specific legal document—like an old security deed or lien—creating a cloud on the title. Because this type of quiet title action is intended to address a specific legal document, it is in some ways simpler and more akin to a regular civil lawsuit. Usually, it will be directed against a single defendant whose claim or interest in the property is associated with the specific legal document in question.
- Quiet Title Against All the World (OCGA § 23-3-60): A much broader action that seeks to eliminate all potentially adverse claims–even those unknown–in order to confirm title in the name of the party bringing the quiet title action. This type of quiet title action is used more commonly because of its ability to comprehensively resolve both actual and potential clouds on title. Accordingly, it can have a definitive effect in confirming one’s title to property. As a result, a quiet title action against all the world is typically more complex and involves intricate notice requirements to ensure that anyone with a potential interest or claim in the property is properly notified.
3. Commencement of the Quiet Title Action in Superior Court
Once it is determined which type of quiet title action is appropriate, the quiet title action is commenced with the filing of a petition in the superior court of the county in which the property is located. Conventional quiet title actions brought under OCGA § 23-3-40 will then proceed like a regular civil lawsuit with service of process on the respondent parties.
For quiet title actions against all the world brought under OCGA § 23-3-60, the court will begin by appointing a statutorily required special master to manage and help adjudicate the case. A special master is a private attorney who resides in the county where the quiet title action is pending and who has experience in real estate matters. The court essentially outsources the management and adjudication of the entire case to the special master, so obtaining the right special master is a very important part of achieving success with a quiet title action. Statute also requires the petitioning party to obtain and file a survey of the property, and a title report is normally required as well. The title report provides the special master with information about the nature of any clouds on title and identifies those who have, or may have, a claim requiring notice of the quiet title action.
One of the special master’s initial responsibilities is determining who must receive notice of the quiet title action. The special master prepares a list of individuals and entities that the petitioning party must attempt to personally serve with the petition. Legal notice will also have to be published in the county’s legal newspaper, and many special masters require that notice be physically posted on the property as well.
4. Adjudication of the Quiet Title Action
After service of process and notice have been properly perfected, the quiet title action proceeds towards adjudication. The procedure for conventional quiet title actions will often be very similar to a regular lawsuit with a discovery period, motions practice, and ultimate adjudication by the court on the cloud on title at issue.
In quiet title actions against all the world, the special master will manage discovery and conduct hearings as necessary – including hearings on motions or final evidentiary hearings which are akin to a bench trial before a judge. Ultimately, the special master reaches a determination on the petitioner’s claim to title and sets out findings of fact and conclusions of law in a written report, which serves as a recommendation to the judge for how to ultimately rule in the quiet title action. While the judge has the authority to reject the special master’s recommendations, in most cases the court typically adopts the report and incorporates it into the final judgment.
5. Obtain and Record the Court’s Final Judgment
If the petitioner is successful, the court’s final judgment will resolve the issues or claims which cloud title. In the case of a successful quiet title action against all the world, the court’s final judgment has the ability to confirm the petitioner’s ownership and eliminate all adverse claims. In many cases, this allows owners to finally be able to move forward with selling their property or obtaining a loan necessary to enable development or construction. Once the final judgment is issued, it will need to be recorded in the county’s real estate records just as a deed would so that it is public record and will show up in a future title report on the property.
How Long Will it Take and How Much Will it Cost?
There is no uniform answer for these questions as it all depends on a number of different variables. The biggest factor on time and expense for either type of quiet title action is whether someone is going to contest the quiet title action. Many quiet title actions are uncontested, as the people or entities holding potential claims or interests are often long gone, and the quiet title action simply confirms for the record that no one with a potential claim is going to assert it. However, if a party is going to actively contest a quiet title action and assert their own claim on the title to the property, then the quiet title action can be as expensive and time-consuming as any other lawsuit.
Another factor that particularly impacts a quiet title action against all the world is how many people or entities are out there that could claim an interest in a property. Anyone identified by the special master as having a potential interest in the property will have to be researched and served with notice of the quiet title. This can be expensive and time-consuming, particularly if a property has had its title clouded for decades and there are several generations of heirs where each could claim a small ownership interest in the property.
In one instance, a former client was in the process of assembling multiple land parcels for a large-scale commercial real estate project when the title research revealed there was an old tax deed on one of the parcels from more than a decade prior. Title insurance providers said they would not provide title insurance unless a quiet title action against all the world was performed to confirm the title. There was no active dispute over ownership, and the quiet title action was necessary simply because of the requirement of the title insurance providers. However, we had to research how a potential interest in the property was passed down and split amongst multiple generations of heirs, and then we had to identify which heirs were living and where they could be served with notice of the quiet title action. This required a fair amount of time and effort. Ultimately, no one contested the matter and the quiet title action confirmed our client’s title, which allowed the project to proceed.
Whether you’re a real estate developer or investor working to clear title on newly acquired property before it can be redeveloped, or a homeowner who needs help resolving a competing claim of ownership or lien issue which could hold the sale of the property, our team has the experience and know-how to guide you through the quiet title process from A to Z. To learn more about how we can help, click here.
