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Alternatively, it is casting aspersion on someone else's property, business or goods, e.g., claiming a house is infested with termites (when it is not), or falsely claiming ownership of another's copyright (what allegedly occurred in the SCO v. Novell case). Slander of title is a form of jactitation.
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.
Why would a property owner file a quiet title suit? A buyer has signed a contract to purchase a property but is uncertain of the condition of the title.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
Most importantly, a possessor must be able to show that they held the property continuously for the statutory period of time. In Minnesota, the period is 15 years.
The Elements of Slander of Title The defendant published a statement about the plaintiff's property. The statement was untrue. The defendant knew or should have known the statement was untrue. The statement was of a disparaging nature that could foreseeably impair the value of the property in the estimation of others.
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.
The Bottom Line The quiet title action is a legal remedy to resolve property disputes involving competing claims or challenges to its title. If a title is not clear, it is not "quiet". This can arise from liens, boundary disputes, easements, gaps in the chain of ownership, adverse possession, or estate sales.