What Is A Quiet Title Lawsuit In Ohio?
They say that possession is nine-tenths of the law. That’s because issues related to possession and ownership can quickly become complex. What happens if more than one individual claims ownership of a property? In that case, a lawsuit can be filed to have the court intervene and determine the real owner of a piece of real estate. This is known as a quiet title lawsuit. In this article, the Columbus, OH real estate attorneys at Kohl & Cook Law Firm LLC will discuss quiet title actions and how they work in Ohio.
What is a quiet title action?
A quiet title lawsuit is a legal action to establish a plaintiff’s right to own a piece of real estate against one or more individuals who are also claiming to own the real estate. Such actions can be made against one or more specific adversaries or against adversaries who are both known or unknown (in other words, anyone). The plaintiff asks the court to declare the rights of each party in respect to a property. The lawsuit is filed to establish the ownership of the property. The plaintiff files such a lawsuit to:
- Establish the plaintiff’s ownership of a piece of land or real estate, and/or
- Prevent adversaries from making claims of ownership to the property.
Quiet title actions are also known as suits to remove a cloud in a title. A cloud is defined as any claim of ownership of a property by one or more individuals. The cloud can be a claim of either full or partial ownership including liens and easements. If more than one individual is claiming ownership or partial ownership of a property and the plaintiff wants to dispute this, the title is said to be clouded.
The purpose of a quiet title action
Quiet title actions have numerous purposes. Some of these include:
- Clarifying the ownership of a title-clouded property
- Declaring an improperly written deed invalid
- Stripping an old paid-off mortgage from the property
- Ending a boundary line dispute
- Establishing or removing an easement to a property
- Resolving a break in the chain of title to a property
How does a quiet title action work?
In Ohio, quiet title actions are filed in the court of common pleas. A plaintiff must obtain a Preliminary Judicial Report from the title company that will show all of the prospective owners and lienholders with a stated interest in the property. The parties are then served with the complaint. Each party will have an opportunity to defend their interest in the property. The plaintiff will present this to the judge and argue that they are the rightful owner of the property. After hearing all arguments, the court will issue a ruling that lists the owners of the property along with valid liens and judgments recorded against the property.
Talk to a Columbus, OH Quiet Title Action Attorney Today
The Kohl & Cook Law Firm LLC represents the interests of interested parties in quiet title actions against a piece of real estate. Call our office today to schedule an appointment, and we can begin discussing your case right away.
