Quiet Title or Declaratory Judgment Actions
A Quiet Title action is a court procedure that is pursued in an effort to clear title of adverse claims of various types or to get a court order confirming that all procedures relating to a Tax Deed sale were done properly according to Florida laws. This is done to eliminate, or have more particularly defined, any claim a prior owner, mortgage or lien holder, or persons claiming other interests, such as remainder or life estate, easement or license rights, may have to the title in question.
The objective is to "quiet" the title in your name so that you will be able to sell or refinance the property when and how you like.
Celia Deifik in Naples, Florida, can perform a quiet title action to assist you in obtaining "marketable title" to a tax deed property. Our firm has been handling commercial litigation and real estate issues for 30 years and has the necessary skills to handle even the most complex quiet title and declaratory judgment actions.
To discuss your property title needs with a knowledgeable Naples quiet title attorney, call 239-963-1791 or toll free 866-504-8981.
Effectively Resolving Your Land Title Issues
Quiet title and Declaratory Judgment actions are tools for resolving a broad variety of land title and tax deed issues, including:
- Adverse possession
- Ambiguity in legal descriptions
- Suits to impose constructive trust or equitable lien
- Easements, including implied and prescriptive easements
- Tax deeds
- Licenses or rights to use
- Boundary disputes
- Trespass or encroachment
- Setback violations
A new demand for these types of actions is growing out of the sale and purchase of foreclosed homes. Example – buyers may find their title (ownership) challenged because of:
- Errors in the court procedure, often arising from attorneys and judges overwhelmed in this time of crisis, intentional error or fraud;
- Robo Signers or false documents (the list is endless);
- Invalid or void judgments where the defendants were never properly "served";
- Claims by more than one lender to ownership of the home;
- Underlying title problems which may include wrong legal descriptions, disputes over priority of liens or unclosed estates of owners who have died.
- Tax Deeds issued before closing
Many buyers believe they are completely safe if the seller provides title insurance. However just like other types of insurance, title insurance is only as good as the company that issues it and can be severely diminished by the number and type of exceptions or “exclusions” to the policy. Would you buy health insurance that excluded coverage for vehicle accidents, cancer and heart disease? Of course you wouldn’t!
Resolving Property Line and Easement Disputes in Florida
Property disputes often arise over the use of private roads and other properties. For example, if adjoining property owners have, or believe themselves to have, access over your property, this may be an easement. If they overstep their bounds and use more property then they are legally permitted to use in reaching their property, the property owner could sue them for trespassing.
Easements are most commonly created by a grant in a written conveyance or deed. However, easement and use rights can arise in other ways. These include easement by implication or equitable lien. If others claim a right to use parts of your property, that may actually be a "license" rather than an easement. A license can sometimes be terminated or revoked at the discretion of the owner.
In some cases, a prescriptive easement can arise after 20 years if a piece of property has been used for a specific purpose during that period of time. An easement can be granted for a property being used for limited, legitimate purposes such as driving, getting water and utility poles.
Quiet Title and Declaratory Judgment actions help bring clarity and finality to disputes properties. We have extensive experience handling these cases in Naples and the surrounding area and are familiar with the local courts that will be responsible for making any declaratory judgments.
Speak to an Experienced Attorney
Is there an encroachment or trespass on your property? Are you involved in an easement dispute or property line dispute? Do you need help defending against a quiet title or declaratory judgment action? To schedule an appointment with a Naples property rights lawyer, call 239-963-1791, toll free 866-504-8981 or contact us online.
