In California, quiet title actions are legal proceedings that are brought to ascertain the true owner of real estate. These legal proceedings help the parties determine who the true owner(s) of a piece of real property are and remove doubts about whether the property is subject to adverse claims from third parties.
These claims come up in a wide variety of situations. Here are some common scenarios where a quiet title claim would exist:

Scenario No. 1: Parents Help Newlyweds Purchase Their First Home:

The parents of a young married couple assist with the purchase of their first home. The parents qualify for the loan and hold title to the property in their name. The young couple is told that they must make the mortgage payments, property tax payments, insurance payments, HOA fees and to maintain the property as if it was their home. The parents continuously tell the couple that the home is “their home.” The couple is told that once they are capable of qualifying for their own loan, the parents will remove their name from the title to the property and it will belong to the couple. Several years down the road, the parents change their mind and decide they want to sell the property and they ask the young couple to move out of the property.

The couple would be very upset under these circumstances and understandably so. They were doing everything a homeowner would have been doing based upon the promise of their parents and now risk losing tens, if not hundreds, of thousands of dollars they otherwise could have put towards savings or other necessary expenses. Here, the couple would have a valid claim against the parents to quiet title to the home based upon the promise made to them and their performance.

Scenario No. 2: Property Owner Discovers Their Property’s Title Is In Someone Else’s Name:

An individual has owned a piece of real property for over 10 years which they now use only as a rental. The owner finds out that the title to the rental property is no longer in their name. The owner discovers a new Grant Deed was filed with the County naming someone the owner doesn’t know as the owner. The owner here would want to file a quiet title action and seek to cancel the fraudulently recorded grant deed.

Legal Requirements & Common Defenses

There are several statutory requirements for the initiation of a quiet title action. The complaint must be verified, filed in the superior court in the county where the property is located and must adhere to specific service and publication requirements. A Lis Pendens must be recorded with the County to provide notice that a dispute involving the property exists. Given the fact that most California real estate carries a high value and is one of the most important assets one can own, it is in your best interest to consult a qualified real estate attorney if you feel that there is an ownership or title dispute involving your property.

Because of the lack of writings in many quiet title actions, a number of defenses are raised in response to such claims. The most common defense is the Statute of Frauds which is a rule which requires that certain agreements be in writing to be enforceable. An interest in real estate is a type of agreement which is covered by the Statute of Frauds. While this defense may be available, there are exceptions to it including part performance of an oral agreement and equitable estoppel, where a party shows that a promise was made by another party and the injured party acted to their detriment in reliance upon that promise. Another common defense in these situations includes fraud where a party alleges that a promise was made by the other party with no intention to perform it.

If you have any questions about disputed owner or title issues which have arisen involving your property, please call out office. We can advise you as to whether you should bring a quiet title claim and we can assist you if such a claim has been asserted against you by another party.