North Carolina Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights

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US-01097BG
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Description

Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder.


Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

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.

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.

What is the cost of a Quiet Title action? The standard attorney fee for an uncontested Quite Title Action is $1500, plus the court costs, service of process, publication and other costs related to the lawsuit.

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.

An answer in a quiet title action must also be verified, and must describe any claim that the defendant has to the real property, as well as any facts tending to controvert the material allegations of the complaint and new matter constituting a defense. See Cal. Code of Civil Procedure section 761.030.

A Quiet Title action is a cause of action in Virginia and North Carolina whereby someone is requesting the Court to declare rightful, legal property ownership of a piece of real property. A quiet title action is a legal cause of action used to resolve disputes and establish a clear and marketable title to a property.

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North Carolina Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights