Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time.
This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.
Quiet title in Missouri is a legal process used to determine and establish clear title ownership to a property. It is necessary when there are uncertainties or disputes surrounding the property's ownership or legal claims. This procedure aims to eliminate any cloud on the title, resolve conflicting claims, and quiet any adverse interests in the property. In Missouri, there are two types of Quiet title actions: quiet title as a remedy and administrative quiet title. 1. Quiet title as a remedy: This type of Quiet title action is used to resolve disputes over property ownership and establish a clear title. It is typically initiated when there are competing claims, such as when multiple parties assert ownership or when the property's chain of title is unclear or incomplete. By filing a Quiet title action, the plaintiff seeks a court judgment that confirms their rightful ownership and extinguishes competing claims. 2. Administrative Quiet title: In Missouri, administrative quiet titles are specific to tax sales or tax foreclosed properties. It is used when a tax sale purchaser intends to obtain marketable title to the property they acquired through a tax sale. This action allows the purchaser to request a court order that extinguishes the interests and rights of former property owners and any other parties with claims against the property. In both types of Quiet title actions, the process typically involves filing a lawsuit in the appropriate Missouri circuit court and notifying all interested parties. Interested parties may include the current property owner, lien holders, mortgagees, and anyone with a recorded interest in the property. The court then examines the evidence, reviews the legal claims, and renders a judgment clarifying the property's ownership and resolving any disputes. Keywords: Missouri, quiet title, legal process, clear title, ownership, uncertainties, disputes, property, claims, cloud on the title, conflicting claims, adverse interests, remedy, administrative quiet title, tax sales, tax foreclosed properties, tax sale purchaser, marketable title, lawsuit, circuit court, interested parties, current property owner, lien holders, mortgagees, recorded interest, judgment, clarify ownership.
