How to ensure title to property is valid

On Behalf of | May 11, 2021 | Real Estate |

There are many different reasons that people in Tennessee buy property. It could be that they are buying their first home or a new home. They may be buying land for farming, hunting, a second home or many other reasons. However, when people purchase property of any kind, they expect that they will be the sole owners and that no one else will have any ownership claims to the property.

Sometimes people find out after a purchase though that others have legal claims to the property. It could be that there is a lien on the property for unpaid taxes or assessments. Heirs of the previous owner may make claims to the property. There may be easements on the property or a dispute over the exact boundary line. There could even be clerical errors in previous titles which question the chain of ownership. To protect against this occurring, people can obtain verification that the title is clean and no one else can claim ownership of all or part of the property.

Basics of a quiet title action

They can do this through a quiet title action. This is a type of lawsuit which quiets any and all other’s claims to the property. The lawsuit is initiated by the people attempting to purchase the property and it needs to be against anyone who may have a claim to the property. It is important to name anyone who may have a claim. This could be known lienholders, potential lienholders, neighboring property owners, heirs of a previous owner who passed away and others. At the end of the lawsuit the owner will know that none of those people can make a claim to the property.

Buying new property can be an exciting time for people in Tennessee. However, that excitement could end quickly if the new owners find out that they do not have sole ownership. This may not come to light until they try to sell it though or when someone tries to collect on a lien. Going through a quiet title action can give people the peace of mind knowing that there will be no claims to their property. These can be complicated matters though and consulting with an experienced attorney could be beneficial.