Atlanta Quiet Title Actions Attorney
In our modern society, it’s not uncommon to see disputes over property ownership and boundary lines. After all, there exists a finite amount of land that can be owned. In many instances, these disagreements will require judicial intervention to determine property rights once and for all. A Georgia court can hand down a binding judgment through a quiet title action effectively settling such ownership and boundary line disputes. In fact, a quiet title action may become necessary in a number of situations involving uncertainty over the title.
Based in Atlanta, Georgia, the real estate and land use attorneys at Hecht Walker, P.C. have significant experience in quiet title actions. We work with a range of clients, including commercial property owners, residential property owners, and developers who are seeking to begin construction on a vacant lot, amongst others.
What is a quiet title action?
A quiet title action is a lawsuit that can be used to resolve title disputes and title uncertainty among those with competing property interests. Whether guided by the recommendation of a Special Master in certain instances or acting on its own, the court hands down a decision, establishing a party’s ownership interest in the real property at issue, essentially quieting challenges, claims, and uncertainty regarding the title.
The state of Georgia recognizes two different types of quiet title actions, conventional quiet title actions and what is known as a quiet title action against the world. There are some significant differences between the two. An experienced real estate attorney can review the options in great detail based on your needs and unique situation.
What is the difference between a conventional quiet title action and a quiet title action against the world?
A conventional quiet title action can be used to gain a court-ordered decision that determines property rights between specific parties. A quiet title action against the world requires the involvement of a Special Master appointed by the Georgia court, and determines property rights against people known or unknown. The Special Master that is appointed by the court is more costly from a financial perspective, but again, this type of action is broader in scope.
A conventional quiet title action is often used in situations where a property lien or other recorded interest or cloud on title needs to be cleared or removed and involves specific identified persons or entities. If a dispute is limited to just a few specific people and does not require a declaration of rights to all persons, then a conventional quiet title action may prove to be sufficient.
What type of disputes necessitate quiet title actions?
There are various types of disputes that may necessitate quiet title actions in order to be resolved. Such disputes can arise from tax sales, adverse possession or materialmen liens. Disputes may also arise where fraudulent or forged deeds have been recorded, or where security interests have lapsed. Many times, the source of a dispute may not be apparent and a quiet title action may be the best option.
What documentation do you need to file a quiet title action?
This is a question that is best answered by a real estate litigation attorney who is familiar with your specific situation. However, in many cases, it is necessary to provide a copy of a recent survey of the property as well as a copy of any immediate deed showing the petitioner’s interest in the property.
It is often necessary to obtain a title search and title report showing a history of ownership interests in the property as well. Please keep in mind that every case is different and treated on an individual basis.
Can I file a quiet title action without an attorney?
In some cases, you can, but it is not recommended. A quiet title action is actually a lawsuit over property lines or interests, and it is always best to have the representation of a professional business and real estate attorney who is well versed in this area of Georgia law.
In addition, if the property is owned by a company as opposed to an individual, then an attorney will be needed to represent the company in Court. The attorneys at Hecht Walker, P.C. bring to the table significant experience in litigating quiet title actions and resolving property disputes.
How long does a quiet title action take?
The amount of time needed to resolve a quiet title action will vary from case to case. The type of quiet title action will also have some bearing on the time frame necessary to bring the issue to a close. Due to the involvement of numerous people in a quiet title action, it is impossible to know for sure how long a quiet title action will take. It can take months or even years, depending on the nature of the dispute and how vigorously the dispute is litigated between parties.
How much does a quiet title action cost?
There is no specific answer to this question, as each case is unique. The cost for such actions will vary depending on the type of quiet title action filed, who is involved, what their interests are in the property and other considerations. Generally, the longer it takes to resolve the dispute, and the more people with an interest in the property, the higher the legal fees.
Additionally, for quiet title actions against the world, the parties are required to pay hourly rates to the appointed Special Master who often charges his/her regular legal rate for the time incurred.
Is a quitclaim deed the same as a quiet title action?
There are major differences between a quitclaim deed and a quiet title action. A quitclaim deed is primarily used to transfer a person or company’s “claimed” interests in real property between two known parties, usually without a warranty of title. The grantor of a quitclaim deed may indeed not have any interest in the property.
A quiet title action is used to clear title and establish property rights creating certainty between people and entities. Hiring an attorney is also recommended for a transaction involving a quitclaim deed in order to adequately protect your interests, but don’t confuse the two processes. Each serves distinct purposes.
If you’re seeking an experienced attorney who represents members of the community in matters such as quiet title actions and other real estate law cases, contact the law offices of Hecht Walker, P.C. Our lawyers also work with homeowners’ association groups, commercial property owners, real estate professionals, business owners, municipalities and many others. We look forward to discussing your case in a free case evaluation session. We respect your privacy so every consultation is fully confidential. Call 404-369-3073.
This information was posted on 08-23-2016 and does not constitute legal advice nor does it create an attorney-client relationship. The law changes on a daily basis and the reader should engage an attorney through a written agreement before taking action in this area of the law.