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Quiet title action If you're considering filing, you will need to go to a court of law in Illinois. Upon filing, the court will give the defendant some time to respond. If they fail to, you will be granted a clear title.
An action for quieting of title is a remedy that determines the respective rights of conflicting claimants to a parcel of land in order to dissipate every cloud of doubt over the property and to stop the one who has no right over it from disturbing the real owner.
Quiet title actions are often considered the best way to resolve title issues if they cannot be resolved amicably. It is commonly used in Illinois residential real estate disputes to establish free-and-clear ownership. However, it is also used when there are issues that arise when there is a property title search.
Quiet title actions are filed in the district court for the county in which the real property in question is located. The party seeking to quiet title (plaintiff) files a complaint describing the premises and the extent and nature of the plaintiff's interest in it.
The elements of a claim to Quiet Title are that 1) the party bringing the action possesses true title to the property, and 2) the title must be superior to other claimants.
An action to quiet title has two indispensable requisites, namely: ?(1) the plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action; and (2) the deed, claim, encumbrance or proceeding claimed to be casting cloud on his title must be shown to be in fact
Quiet title action If you're considering filing, you will need to go to a court of law in Illinois. Upon filing, the court will give the defendant some time to respond. If they fail to, you will be granted a clear title.
A Quiet Title count has strict pleading requirements. The elements of a claim to Quiet Title are that 1) the party bringing the action possesses true title to the property, and 2) the title must be superior to other claimants. Dudley v. Neteler, 392 Ill.
First, you need to convince the judge that the title you possess is superior. That means it shows that you have rights to the property, and no one else can claim it as their own. An example of substantial evidence would be a deed to the property with your name on it.