District of Columbia Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

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Description

A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.


Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this 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 period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.


In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.

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FAQ

In addition to competing claims, such as family squabbles over property ownership, quiet title actions help property owners reestablish their claim to ownership if another party conveyed the property fraudulently by a forged deed or coercion, occupied the property illegally and now claim ownership, disputed your ...

How to Succeed in Quiet Title Actions? Get legal advice: ... Collect evidence and research: ... Identification of potential defendants: ... Served with notice: ... Make a complaint: ... Defend against counterclaims: ... Make your case in court: ... Get a quiet title judgment:

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

While a quiet title action typically takes around 8 to 10 weeks to complete, it can also take up to 6 months. The length of the process depends on your specific case. You'll want to ensure that the right steps are taken to secure your legal ownership of the real estate.

Quiet title action represents a legal proceeding whereby an entity or person claims title to a portion or all of a specific real property. The Plaintiff asks the Court for a ruling that their title is superior to any other interest claimed by the Defendant.

A complaint to quiet title must be verified and must contain all of the following information [Code Civ. Proc. §761.020]: 1. a description of the property that is the subject of the action.

In addition to competing claims, such as family squabbles over property ownership, quiet title actions help property owners reestablish their claim to ownership if another party conveyed the property fraudulently by a forged deed or coercion, occupied the property illegally and now claim ownership, disputed your ...

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District of Columbia Complaint to Quiet Title by Adverse Possessor with Unknown Defendants