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Is a quiet title action necessary for your property purchase?

| Jun 29, 2021 | Real Estate |

Perhaps you are an architect looking at a stylish Victorian that would be perfect for your new offices.

However, the house has been vacant a long time. Before you purchase the property, a quiet title action may be in order.

Understanding quiet title

The purpose of a quiet title action is to clear up the title on a piece of property. Whenever there is a transaction involving real property, clear title is essential. A cloud on the title could cause a delay in the transaction or lead to cancellation altogether.

Presenting a petition

Under Real Property Actions and Proceedings law in the state of New York, a petition can initiate a quiet title proceeding. You must present the petition to the court in which the property—in this case, the Victorian house—is located. The petition should contain a description of the property, the names of owners during the past 10 years and any other information there might be about claims. A quiet title action gives notice to any parties who might cite an interest in the property, and they must defend any claim they might have. Once a court hears all sides it will issue a conclusive judgment, which extends to any parties who failed to come forward.

Looking ahead

You are anxious to move into new quarters and the Victorian would accommodate your expanding staff nicely. First, you want to look into any claims that might exist. A quiet title action brought in civil court will help clear the title so you can enjoy peace of mind when purchasing that beautiful home.