Quiet Title Attorneys in Houston, Texas
Quiet Title Attorneys in Houston, Texas
In real estate law, owning the title of a property means that you’re the property’s rightful owner. This means that you can live on the property, lease it, or sell it as you please. However, sometimes property ownership can be ambiguous, and disputes on who owns the property and its title can arise. If you’re dealing with real estate issues, our Houston quiet title attorneys can help. We have experience dealing with property disputes, and other legal concerns such as family law and divorce. Contact us today at (832) 479-4499 so we can provide you with the best solution for your situation.
What is a Quiet Title Action?
A Quiet Title Action is a lawsuit filed with the intended purpose of establishing or settling the title of real property such as a home or a piece of land. A suit to quiet title is a statutory cause of action grounded in Chapter 22 of the Texas Property Code. Usually, need for a quiet title lawsuit arises due to situations where there are different people claiming ownership of the same property.
The Purpose of a Quiet Title Action
The need for a quiet title lawsuit can stem from disputes between family members or other parties who claim that they have the property right. For instance, an incomplete or improper title deed records filed with the Texas registry of deed or other land registration agencies can cause a dispute. A quiet title lawsuit is also common in situations where an individual purchased a property at a sheriff’s sale, tax sale, or judicial foreclosure and tried to resell the property.
Once a quiet title lawsuit is filed, the court establishes who the rightful owner of the property is. This decision in court will quiet or terminate the claims of ownership from other parties. If you’re having ownership issues with your property, you may take legal action to end the dispute and reestablish your right to the title. At Chargois Harper, we have experienced Houston quiet title lawyers who can help you remove other parties’ claims to your property. Call our real estate law firm in Houston, TX, at (832) 479-4499 to schedule an appointment.
Cloud on the Title
Quiet title lawsuits are intended to “quiet” the claims to a property. The dispute to the title may be referred to as a “cloud” on the title or a title defect. A contract, deed, judgment, or other instruments causes a cloud on the title.
Typically, you can find these claims through a title search. For instance, a mechanic’s lien can be discovered through a title search. Mechanic’s liens are placed on properties with issues in the construction contract or the construction payments. Therefore, since a mechanic’s lien remains on the property, it creates a cloud on the title, thus scaring potential property buyers. A quiet title lawsuit can lift a cloud on the title through a quiet title lawsuit. Call our Houston law firm at (832) 479-4499 to know more.
Other examples of a cloud on the title include:
- A reported incorrect description of the property on the title document, such as the wrong boundaries of the property
- A long-standing easement on the property was not properly reported on the title.
- Property tax issues, such as unpaid taxes, making the new property owner’s title unsound
- Someone gave the title to the (new) property owner through fraudulent or illegal means.
- Other issues related to the title document, such as failing to indicate an old lease on the property
These issues or claims on the title don’t necessarily need to be valid to create a cloud on the title. They only need to be plausible legal claims. In other words, the suit should be strong enough to have a reasonable chance of being valid, and enough evidence can prove the facts in court.
If you’re dealing with a cloud on your property’s title, a real estate lawyer can help you file a quiet title action. Our competent Houston quiet title attorneys at Chargois Harper Attorneys and Counselors at Law can provide legal assistance for the whole process of filing a lawsuit. We have extensive experience dealing with real estate concerns, such as property loss, insurance claims, and more. Call us today at (832) 479-4499 to schedule an initial consultation.
Filing a Lawsuit with a Houston Quiet Title Attorney
When you file a quiet title action, you won’t receive any monetary compensation if the prosecution is successful. That is why the primary goal of filing a quiet title lawsuit is simply to determine and establish the property’s ownership and prevent future ownership claims.
Once you file a quiet title action, the court informs the defendant and gives them time to respond to the suit. If the defendant fails to respond within the specified time, the court grants a clear property title to the individual who filed the quiet title lawsuit. Having disputes over your property can be stressful and time-consuming.
If you’re planning to file a quiet title lawsuit in Houston, Texas, don’t hesitate to seek the help of our competent Houston quiet title attorneys. Call our law firm today at (832) 479-4499, so we can provide legal representation and protect what’s yours.
Grounds for Filing a Quiet Title Lawsuit
In Houston, Texas, a quiet title action is often lengthy, sometimes taking as long as two to three months. There are different grounds for filing a quiet title lawsuit which can include:
Through adverse possession, a trespasser can gain ownership of a few hundred acres of property. It won’t happen overnight, but a trespasser can occupy your property and eventually gain land ownership if they meet specific requirements. You can file a quiet title lawsuit to prevent someone from claiming your land.
Encountering boundary disputes with neighbors are a common issue for landowners. A boundary dispute can arise if the deeds of the adjoining properties have inaccurate descriptions of each property. In these disputes, the court most likely favors the property owner whose deed was created first.
Are you encroaching on your neighbor’s property, or are they infringing on yours? The available options for resolving the dispute depend on the facts of your situation. To help you resolve the boundary dispute or encroachment, our experienced Houston quiet title attorneys can help. Our real estate lawyers have extensive experience dealing with liens, defective titles, illegal sale of a property, estate and probate law, and more. Contact our law firm today at (832) 479-4499 to schedule an initial consultation.
Connect with a Houston Quiet Title Attorney
Dealing with property disputes can be stressful and burdensome. If you’re dealing with any legal issues regarding your property, such as property loss, landlord-tenant dispute, or eviction, our Houston real estate attorneys at Chargois Harper Attorneys and Counselors at Law can help protect your legal rights. Call our Houston office at (832) 479-4499 to schedule a consultation.
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