I often get asked questions from clients who are faced with title issues when dealing with real estate, or real estate transactions. One of the many ways to resolve a title issue is by filing a quiet title action. A quiet title action is a legal action that helps you resolve title issues by clearing the title to the real property and solidifying your legal claim to it.

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What is a quiet title action?

A quiet title action is simply a lawsuit filed with the court, asking the court to determine ownership of real property. In a situation where even if you have the record title to a piece of real estate, there might be another person or a party who may have a legal claim to the same property. This is when you would bring the quiet title action asking the court to determine these adverse claims and to clear any claims or interests in the property helping you establish ownership.

What law governs a quiet title action in Oklahoma?

A quiet title action in Oklahoma is governed by Title 12, Section 1141 of the Oklahoma Statutes. The statute outlines the procedure for a quiet title action in the state. Under the law, an action can be brought by a person in possession, by himself, or a tenant of real estate against a person who claims to have an interest in the property. The action will help determine this adverse claim by the other party, clear any adverse interests, and establish ownership.

What is the purpose of a quiet title action?

The main purpose of a quiet title action is to clear property title from any clouds, defects, or adverse claims. By doing so, you can remove any ownership doubts from the property and establish a marketable title that you can sell, mortgage, or otherwise transfer without any issues. If there are encumbrances on the property such as liens, and unpaid taxes, among other things, they make the title to the property unmarketable. This may create unnecessary grief in the future if you decide to sell, mortgage, or transfer your interest in the property.

What are some situations where you may need to file a quiet title action?

Some of the situations where you may need to file a quiet title action include property liens, property taxes, easements, boundary disputes, and fraudulent deeds, among other things. If you are faced with these types of situations, the title to your property may be clouded, causing you to file a quiet title action.

What are the steps involved in starting a quiet title action?

The general steps involved in a quiet title action are: filing a petition with the court, serving the petition to all interested parties, conducting a title search, publishing a notice of action in a local newspaper, and attending a hearing. After the successful completion of these steps, a judge will sign an order establishing your sole ownership of the property against all other parties, who claim to have a stake in it.

How long does a quiet title action take in Oklahoma?

In most cases, a quiet title action in Oklahoma takes anywhere from 2 to 3 months. However, please note that several factors could affect your case resulting in a much longer timeframe, taking as long as 6 months or longer. If you have specific questions or concerns about the time frame involving a quiet title action, please consult a real estate attorney.

How much does a quiet title action cost in Oklahoma?

The cost of a quiet title action will vary based on the specifics of your case. However, an uncontested quiet title action may cost anywhere from $1500 to $5000. If the action is contested by an adverse claimant, that will most likely result in litigation and increase the cost involved in the entire action.

What does a quiet title action mean in legal terms?

Quiet title action simply means that there is a cloud or some type of doubt on the title of the property which is likely caused by the claim of another person, lien, or title defects, among other things; and that you will be suing all opposing parties who claim to have an interest in that property. Doing so will allow the court to clear the cloud on the title, remove all doubts about the ownership, and confirm your sole ownership.

How to clear the title to a property in Oklahoma?

To clear title to a property in Oklahoma, you must file a lawsuit at the court against other parties who may claim to have an adverse interest in the property. This lawsuit is called a Quiet Title Action. It consists of filing the petition, serving the petition to all adverse parties, publishing the notice of action in a local newspaper, and attending the hearing in front of a judge. After the successful completion of these steps, and if the judge is convinced by your argument that you are the sole owner of the property, he or she will sign an order establishing your sole ownership.

How to bring a quiet title action in Oklahoma?

Under Oklahoma law, to bring a quiet action, you must begin by filing a petition against all parties who may have a claim or interest in the property. You are called the plaintiff in the action and all other parties who may have an adverse claim are the defendants. The Petition outlines the legal basis for your claim to the property and also the adverse parties’ claim to it. It then explains to the court the reasons why you are the sole rightful owner and why the defendants have no valid claim to the property.

How to resolve property disputes in Oklahoma?

Depending on the specific circumstances and the facts of your case, property disputes may be resolved in many ways. Quiet title action is one of the many ways through which you can clear doubts, clouds, defects, easements, adverse claims, or property disputes that can render your title unmarketable. For example, if there is a dispute over the boundary line between two properties because your neighbor encroaches on your property, you may file a quiet title action to resolve such a dispute and establish sole ownership of the disputed area.

OKC Quiet Title Action Attorney: Quiet Title Oklahoma

If you are having issues selling a real estate property because of a lien, unknown defect, a break, or a cloud on the title, we can help you clear the title and establish sole ownership, by initiating a Quiet Title Action. Because a successful Quiet Title action consists of several legal steps, which much be timely and accurately completed, don’t bet the outcome of your case on pure chance – call Niroula Law today. You can reach us by calling our office at (405) 456-9250, or by filling out the Contact Us form.