What is a Quiet Title Action?

A Quiet Title action is one that is to establish, or “quiet,” title or an interest in real estate between adverse (opposing) parties.

A Quiet Title action differs from actions to remove a cloud on title as it is directed at a person claiming an adverse interest in the property, e.g. the Plaintiff has an interest, and the Defendant claims an adverse interest. (An action to remove a cloud on title is concerned with a particular document, instrument or other evidence. A Quiet Title action is not used to determine boundaries, or to cancel instruments that cast a cloud on the title.)

In a Quiet Title action, the adverse party is anyone who claims an ownership interest, interferes with the Plaintiff’s enjoyment of the property, decreases the value of the property, or renders the title uninsurable.

Who Can File a Quiet Title Action?

The Quiet Title action may be brought by the holder of any interest in the land, be it the title to the property, an easement, a license, a lease, or title by adverse possession. In general, the Plaintiff has to hold a legal interest as opposed to an equitable interest.

Where Can the Quiet Title Be Filed?

Quiet title actions must be filed in the superior court where the real property—or any part of it—is located. Once the action is before the court, the court has complete power to determine title issues.

What is a Quiet Title Judgment?

The Quite Title judgment is an equitable action; there is no right to a jury trial. It binds all persons, known and unknown, claiming an interest in the property. (CCP §764.030) It binds non-parties to the lawsuit who have adverse claims in the property which were not of record at the time the suit was filed and the Notice of Pendency of Action (“lis pendens”) recorded. However, it is not binding on non-parties whose claim is of record prior to the lawsuit. The Plaintiff must search the county recorder’s records before filing to make sure that everyone is included. 

Always seek the advice of an attorney before taking any kind of legal action.