Dictionary of Law

quiet title action :: legal definition

Quiet title action - n. a lawsuit to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. Such a suit usually arises when there is some question about clear title, there exists some recorded problem (such as an old lease or failure to clear title after payment of a mortgage), an error in description which casts doubt on the amount of property owned, or an easement used for years without a recorded description. An action for quiet title requires description of the property to be "quieted," naming as defendants anyone who might have an interest (including descendants-known or unknown- of prior owners), and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties, including known and unknown, by publication. If the court is convinced title is in the plaintiff (the plaintiff owns the title), a quiet title judgment will be granted which can be recorded and thus provide legal "good title." Quiet title actions are a common example of "friendly" lawsuits in which often there is no opposition.

See also: notice title and Related Law Terms ↓

Related Law Terms

abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clear title :: n. holding ownership of real property without any ... s which might affect the ownership.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
community property :: n. property and profits received by a husband and ... and distribution separate property
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them.
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn.
minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - Q

quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
quash :: v. to annul or set aside. In law, a motion to quas ... s when the wrong person was served.
quasi :: : (kway-zeye, kwah-zee) adj., adv. from Latin for ... ve to be treated "as if" they were.
quasi community property :: n. in community property states, property acquired ... : community property palimony quasi
quasi contract :: n. a situation in which there is an obligation as ... fulfilled. See also: contract quasi
quasi corporation :: n. a business which has operated as a corporation ... poration de facto corporation quasi
quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women.
query :: n. common lawyer lingo for a question to be answer ... ingo for a question to be answered.
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quid pro quo :: : (kwid proh kwoh) n. Latin for "something for som ... this deal?" See also: consideration
quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quit :: v. to leave, used in a written notice to a tenant ... o: notice to quit unlawful detainer
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
quo warranto :: (kwoh wahr-rahn-toe) n. the name for a writ (order ... ticles). See also: corporation writ