In the United States, our real property records have a higher degree of trustworthiness than real estate records in other countries. When there is a defect in title, a person or entity can bring a "quiet title action" to cure such defects by requiring a court to eliminate any other interest claimed by other persons or entities. Such defects in record title can arise out of missing or deceased parties with rights to the property. Quiet title actions are also used to create a new chain of title after tax sales or for title established as a result of adverse possession (a method of acquiring title to land by openly taking possession of and using another's property for a certain period of time) or accretion (an increase or extension of land by natural forces, such as waves, currents, and winds).

Typically, a quiet title action is brought against both known and unknown parties. Known parties are those having possession of the property, some record interest in title, or a potential claim regarding the property. Unknown parties may claim an interest in the property derivative of the named parties or as a result of the lawsuit's subject matter. Because these parties are unknown, they are given notice of the lawsuit by publication of the claim in local newspapers.

Quiet title actions are either uncontested or contested. If the matter is uncontested, the claimant obtains quitclaim deeds (deeds in which the grantor surrenders title, if any, to a parcel of property) from the defendants and records these deeds with the real property records of the county where the property is located. If the named defendants contest the claims, they must produce evidence at trial showing that their title to the property is superior to the plaintiff's title. At the end of the trial, the court issues a written order which quiets title in the name of the prevailing party. That order is then recorded in the real property records of the county where the property is located and becomes part of the "chain of title."

Back to top

. . . . . . . . . . . . . . . . . . . .

If you need help with a quiet title action, call the Futeral Law Firm locally at (843) 284-5500, toll free at (877) 913-5500, or email info@charlestonlaw.net.

. . . . . . . . . . . . . . . . . . .

Disclaimer

The contents of this web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The attorneys of the Futeral Law Firm are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Download Firm Brochure

Print This Page