Real estate litigation is sometimes adversarial in nature. One party brings a claim against another due to disclosure issues or boundary violations. Other times, the purpose of real estate litigation is to correct an issue with official records. Quiet title proceedings help property owners protect their biggest investments by correcting significant issues with public records.
While there may not be another party opposing a plaintiff in quiet title proceedings, sufficient documentation is still critical to the success of a lawsuit.
What evidence is necessary?
The nature of the title issue that the owner wishes to correct determines what type of evidence is necessary. In cases where the county recorder’s office still shows a lien that the owner paid in full, financial documentation affirming they have fulfilled their obligations is likely the most important evidence.
In scenarios where former owners show up as current owners, death certificates, divorce decrees or deeds can serve as critical evidence. Plot maps and survey reports could be necessary in scenarios where legal descriptions include inaccurate information.
Property owners trying to protect their holdings and correct official title records may need to review their title issues with a lawyer to determine what documentation is necessary. Provided that a judge agrees that there are issues with the current title records, they have the authority to correct who is on title, remove outdated liens, correct information regarding easements or even modify the legal description for a specific property.
Gathering evidence is a critical aspect of any successful real estate court case. Owners hoping to correct title issues before an upcoming transaction often need guidance to ensure they follow the right procedures. Seeking personalized legal assistance is generally the best way to begin accordingly.