There are several reasons that may cause you to have a cloud on your title including liens, boundary disputes, easements, title defects, and fraudulent conveyance, among other things. Such a cloud will create doubts as to the true owner of the property, encumbering it, and thereby rendering the title unmarketable.

In this article we will discuss the 5 most common situations that may cloud title to real property, creating a need for you to ask the court to quiet title and solidify your ownership in it. After a successful hearing, the judge will sign an order granting you sole ownership of the real property which will extinguish claims by any other parties.

Other articles on the topic:

#1 Situation that may cause you to bring a quiet title action in Oklahoma: Easements

Easements are non-possessory rights in real property given to a person. An easement holder may legally use a portion of another person’s property. Simply put, an easement is permission given to a person to use the land of another, usually for a particular purpose. Most easements are recorded with the county.

If an easement has not been recorded or is disputed, it may create a cloud on the title, encumbering your ownership. In such a situation you may need to initiate a quiet title action to quiet the property of the claims by an alleged easement holder.

#2 Situation that may cause you to bring a quiet title action in Oklahoma: Encroachments

If there are any boundary disputes between two neighboring lands, instances of encroachments, or a claim of adverse possession, these situations may cause a cloud on your title. It could get messy especially if the boundary disputes started recently and it has been many years since both parties have occupied the land.

This may give rise to an adverse possession claim. If you have such a claim against the neighboring land or vice versa, you must initiate a quiet title action to legally claim the disputed part of the property, which you may be legally entitled to.

#3 Situation that may cause you to bring a quiet title action in Oklahoma: Public Auction Purchases

If the owner falls behind on his or her property taxes and fails to pay the taxes within a certain time, the government can claim an interest in your property. Such interest is asserted by putting a lien on the property. If the owner further fails to pay the tax, after a statutory period, the county can auction off your property to satisfy the tax debt. If you purchase a property at one of these public auctions, you hold a tax deed.

The issue with the tax deed is that, if there were any procedural issues in the auction process, the previous owner can claim his interest in the future. Therefore, if you purchased a property at a public auction, it’s recommended that you initiate a quiet title action to clear the title and to ensure that there are no surprise claims in the future.

#4 Situation that may cause you to bring a quiet title action in Oklahoma: Fraudulent Deed

Along the chain of title, if any conveyance was fraudulent or the deed forged, you may have to deal with surprise claims from the parties that you never knew existed. If a certain conveyance along the chain was caused due to coercion or via a forged deed, the true owner of the property may have a claim in it.

To prevent these types of surprises in the future, it’s wise to initiate a quiet title action and ask the court to declare you the sole owner of the property. By doing so, the order signed by the judge solidifies your ownership of the land and eliminates any interests other parties may have.

#5 Situation that may cause you to bring a quiet title action in Oklahoma: Unknown Heirs

If you believe that along the chain of conveyance, there were some procedural steps missing where a potential heir or a relative may assert his or her claim in the future, you may want to initiate a quiet title action. This happens oftentimes when a decedent’s estate never gets probated and the property gets conveyed down the chain a few times. Since the decedent’s name has never been scrubbed off the chain of title, one of his heirs may assert their claim in the future on inheritance grounds.

When the time comes to sell the property, the title insurance company will find that the decedent’s name was still on the chain of title – rendering the title defective. In such a situation, you must initiate a quiet title action explaining to the court that the decedent’s estate was never probated, and therefore his name should be removed from the title. Failure to do so will render the title unmarketable and you will have a hard time getting a fair market value for the property or even selling the property.

OKC Quiet Title Attorney: Oklahoma Quiet Title Action

If you believe you have title defects or are in a middle of a property ownership dispute, and would like to initiate a quiet title action, contact Niroula Law today. You can reach us by calling our office at (405) 456-9250, or by filling out the Contact Us Form.