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The cost of a quiet title action ranges from $1,500 to $5,000 for an uncontested lawsuit. Contested (or litigated) quiet title actions can cost much more. Cost mainly depends on the complexity of the title issue and whether the action is opposed. Complex or numerous title defects increase legal costs.
Proof Requirements A plaintiff seeking to quiet title against a person with legal title to property has the burden of proving title by clear and convincing proof, rather than by the prepon- derance of evidence usually used in civil cases.
The action follows the rules for civil actions except as modified by the specific rules for these actions. The complaint in a quiet title action must state who is in possession of the property. It must also identify any statutes, such as the adverse possession law, which give the plaintiff the right to file the action.
Conversely, a quiet title action is normally brought by someone who is in possession of property to extinguish the rights of others which cloud his or her title and could otherwise be used to challenge that that title, ultimately affecting their continued possession.
Quiet title actions are common, for example, after the death of a title owner, especially when the property is left unoccupied for a long time. Squatters may try to claim adverse possession, or competing mortgage lenders may claim ownership interests.
Rule 1065.1. C.S. § 5527.1. Section 5527.1 of the Judicial Code permits a party to seek to acquire title to real property by commencing an action to quiet title if the party has adversely possessed the real property for a period of not less than ten years.
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.