Georgia Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

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US-02716BG
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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

Uncertain property boundaries between neighbors, boundary disputes, unclear ownership of inherited property, and claims of adverse possession are some of the common reasons for filing quiet title actions in California.

A Special Master is typically assigned to quiet title actions or similar lawsuits. A quiet title action is used to resolve any issues with the chain of title of a property and to remove any clouds from the title.

Georgia's quiet title law allows individuals to clear a property's title by filing an action in the Superior Court of the county where the property is located. Once the action is filed, the court examines the title's history and claims. It then determines who holds the rightful ownership.

Make Sure You Have Title Insurance There are two types of title insurance: lender's and owner's. Lender's title insurance is required by your mortgage company and assures them the title is cleared for sale. An owner's title insurance policy is what protects you after you buy the property.

Slander or Libel Concerning Title to Land. The owner of any estate in lands may bring an action for libelous or slanderous words which falsely and maliciously impugn his title if any damage accrues to him therefrom.

A quiet title action is a legal proceeding carried out to establish a party's title to real property against anyone and everyone, thus ?quieting? any challenges or claims to the title. It is an invaluable tool in resolving disputes over a piece of land or property, eliminating any clouds on the title.

Georgia adverse possession laws require 20 years of occupation in order to claim title. Adverse possession laws are commonly referred to as "squatters' rights" laws, since they often are invoked by squatters who inhabit land or structures otherwise left unused.

Get a FREE Consultation for your Tax Deed Property The average cost for barment of a tax sale property in Georgia can be $1,000-$2,5000. This must be completed before you can even start a quiet title action, which will cost, on average, another $4,500+ and take 6-24 months to complete.

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Georgia Complaint to Quiet Title by Adverse Possessor with Unknown Defendants