Utah Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

State:
Multi-State
Control #:
US-02716BG
Format:
Word; 
Rich Text
Instant download

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.

Free preview
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

How to fill out Complaint To Quiet Title By Adverse Possessor With Unknown Defendants?

It is possible to devote several hours online attempting to find the legal papers template that meets the federal and state requirements you will need. US Legal Forms supplies a large number of legal types that happen to be examined by pros. You can actually acquire or print the Utah Complaint to Quiet Title by Adverse Possessor with Unknown Defendants from the support.

If you already have a US Legal Forms accounts, you are able to log in and click the Download button. Following that, you are able to full, change, print, or indication the Utah Complaint to Quiet Title by Adverse Possessor with Unknown Defendants. Every legal papers template you get is yours eternally. To have yet another copy for any bought type, go to the My Forms tab and click the related button.

If you are using the US Legal Forms internet site the first time, stick to the easy directions below:

  • First, make sure that you have selected the correct papers template to the state/town of your choice. Look at the type information to make sure you have chosen the appropriate type. If available, make use of the Preview button to look through the papers template too.
  • In order to get yet another model of your type, make use of the Look for area to obtain the template that meets your requirements and requirements.
  • Once you have located the template you need, simply click Acquire now to carry on.
  • Choose the pricing program you need, enter your qualifications, and register for a free account on US Legal Forms.
  • Total the transaction. You can utilize your Visa or Mastercard or PayPal accounts to cover the legal type.
  • Choose the file format of your papers and acquire it for your gadget.
  • Make alterations for your papers if needed. It is possible to full, change and indication and print Utah Complaint to Quiet Title by Adverse Possessor with Unknown Defendants.

Download and print a large number of papers themes using the US Legal Forms Internet site, that offers the most important variety of legal types. Use specialist and status-certain themes to tackle your company or personal requirements.

Form popularity

FAQ

A lis pendens is an official notice to the public that a lawsuit involving a claim on a property has been filed. Lis pendens is connected to the concept that a property buyer must assume any litigation that exists pertaining to the property.

The statute of limitations for some cases is as short as six months, while some serious criminal offenses have no limit and can be filed at any time, even decades after the crime occurred. Most statutes of limitation range from one to eight years.

An action to quiet title is when parties that believe that the title is theirs will go to a court where there is jurisdiction over property. Here the two parties will obtain a legal judgement of ownership.

In Utah, the statute of limitations for most personal injury cases is four years, meaning that any suits filed after this point will not be considered legally valid.

Lis pendens -- Notice. Any party to an action filed in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, or a Utah district court that affects the title to, or the right of possession of, real property may file a notice of pendency of action.

Primary tabs. In general, lis pendens is Latin for ?suit pending.? It is used in several contexts: ?Lis pendens? is construed to be the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until final judgment.

If the parties are easily found the action can be complete within sixty days. However, if service through newspaper is required, this can add an additional month.

?Adverse possession may not be established unless it is shown that the land has been occupied and claimed continuously for seven years, and that the party and the party's predecessors and grantors have paid all taxes which have been levied and assessed upon the land ing to law. ? § 78B-2-214 of the Utah Code (see ...

Trusted and secure by over 3 million people of the world’s leading companies

Utah Complaint to Quiet Title by Adverse Possessor with Unknown Defendants