Property law in America has often been described as complex. While property owners routinely depend upon the deed (or title) to their property to prove ownership, that title is often less sound than they may assume.
This happens for several reasons, often depending on how you purchased or acquired the property. Perhaps you acquired your interest through a sheriff sale or from a family member and your deed is a special warranty or quitclaim deed conveying a specific type of real estate interest, rather than a general warranty deed. Maybe there is an easement that prevents you from doing what you want with portions of your property. It could be that your property was adversely possessed. Or any other of dozens of possible circumstances may affect the title to property you consider yours: liens, judgments, unresolved claims by prior owners or lenders, etc. These issues are referred to as a “cloud” on the title, meaning a flaw in the ownership records.
Are these issues unfixable? Absolutely not. McNeelyLaw real estate attorneys can help you file a quiet title action. A quiet title action is a legal process that allows you to remove any defects or perceived defects such as those mentioned above from your property title. This assures that your ownership of the property is in fact 100% legal and certain. Quiet title actions are sometimes required by title insurance companies before they will insure a property that has one or more defects, and this can impinge on your ability to sell your property quickly and for its full value.
If your think your title or deed might be encumbered by such issues, call the attorneys at McNeelyLaw LLP to help solidify your property ownership and prevent issues from arising in the future. After all, an ounce of prevention is worth a pound of cure!
This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.