Maine Complaint to Confirm Title

State:
Multi-State
Control #:
US-01247
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint to confirm title in real property. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your complaint.
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FAQ

A slander of title will generally occur where one maliciously seeks to disparage another's interest to property, to make it unmerchantable, by recording an instru- ment whereby the maligner purports to have some interest in the property. For example, the making and recording of a deed, Chesebro v. Powers, 78 Mich.

Slander of title occurs when an individual publishes false statements about the title to property (or the plaintiff's ownership interest) under circumstances that would lead one to reasonably foresee that a third party would be deterred from purchasing or leasing the property.

In fact, it is illegal to make statements about someone that you know are blatantly false, and if you do this intentionally while speaking to someone. This act is referred to as slander. If the subject of the slander and their reputation suffer because of your actions, you may be taken to court.

A quiet title action, also known as an action of quiet title, is a circuit court action?or lawsuit?that is filed with the intended purpose to establish or settle the title to a property.

A verified complaint has a statement at the very end of the complaint, after the attorney's signature (or the plaintiff's signature if there is no attorney), that is signed under penalty of perjury stating that the statements in the complaint are true.

False and negligent statements about a person or business, which materially injure the reputation of a person or business, are considered defamatory under Maine's defamation law. In order to fall within the realm of defamation, statements must be made to a third party without consent.

To prove slander of title a claimant must prove (1) there was a publication of a slanderous statement disparaging claimant's title; (2) the statement was false; (3) the statement was made with malice or made with reckless disregard of its falsity; and (4) the statement caused actual or special damages.

Adverse Possession Definition In Maine, if a person uses a part of another person's property for a period of at least 20 years and satisfies all the other requirements for adverse possession, they can attain ownership of that part. Adverse possession is sometimes referred to as ''squatter's rights.

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Maine Complaint to Confirm Title