September 01, 2015

Quiet Title Decrees: Title Still May Not Be Quiet

Jean Feriancek

When an attorney examining title to mineral property identifies one or more serious title defects that cannot be eliminated with curative deeds, a stipulation, and cross conveyance or other curative instrument, the attorney may include a requirement in the title opinion that a quiet title action be brought. For example, if an old county tax deed purported to pass title to a severed mineral interest and created a long-standing ownership dispute, then a quiet title action may be needed to obtain a definitive resolution of the conflicting claims. A quiet title action is a suit brought in the county and state where real property is located for the purpose of establishing a party’s title to that property against anyone and everyone, thus “quieting” any challenges or claims to that title. See 74 C.J.S. Quieting Title § 8.

Premium Content For:
  • Environment, Energy, and Resources Section
Join - Now