When it comes to sales of real estate, the status of the title to the property is extremely important. There are many different situations where the question of who owns a piece of property might not be as clear cut as you would think or hope. Sometimes property is passed down through families and it is unclear who actually owns the real estate, other times there are liens on property, or someone claims to have ownership through adverse possession. When conflicts or doubts as to ownership of real estate arise, one way to reach a resolution is through a quiet title action.
A quiet title action is a lawsuit filed in order to establish ownership of a piece of property. This is an immensely important thing when a person wants to prove that they own certain real estate, especially if a transfer of the real estate is going to occur. If there is a so-called “cloud” on the title, purchasers and lenders are not likely to risk investing in the property.
Tax Lien PurchasesTax lien sales allow people to bid on properties for which the owner has failed to pay the taxes. States allow the owner a certain amount of time to pay the back taxes they owe. In most cases, the property owner will end up paying the back taxes and a penalty. If this happens, the person who purchased the home in a tax lien will get to collect interest on their investment. Sometimes the person who purchased the home in a tax lien sale can acquire ownership of the property.
When someone acquires ownership in a tax lien sale, the title they get will not be marketable. No one would want to purchase the property, and no lender would want to risk lending to someone who wished to purchase the property when there could be challenges to the deed.
Quiet title actions are often the best way to resolve this situation.
When you file a quiet claim action, you are challenging claims that another person or other parties might have on the property. You might know who you are challenging, or you might not know whether there are additional parties who might challenge your claim to the property. It is possible to publish notification in the paper in order to alert people who might have claims, but that you do not know about.
When you file your claim, you will be given a hearing date. At the hearing, it is possible that the opposing party does not even show, and that you only have to present your evidence of ownership of the property in order to have the quiet claim action decided in your favor. Alternatively, someone else might challenge your claim and argue that they have an ownership right in the property. The judge will then have to decide who has the better claim for the property.
If you are granted title through a quiet title action, then questions as to the ownership of the property are resolved, and you will then have marketable title to the property. It would, therefore, be possible to sell the property.
If you have questions regarding quiet title actions in South Carolina, contact the De Bruin Law Firm’s experienced real estate attorneys today at 864-982-5930.
When issues arise surrounding the legal ownership of a piece of real estate, a quiet title action can be an essential legal remedy. In South Carolina, this process helps individuals or entities resolve disputes or uncertainties over a property title and gain clear, marketable ownership. Whether you’re a property owner, investor, heir, or someone looking to purchase a piece of real estate, understanding how quiet title actions work in South Carolina is vital for protecting your property rights.
A quiet title action is a lawsuit filed in civil court with the goal of establishing or “quieting” legal ownership of a property. The objective is to remove any clouds, disputes, or competing claims on the title. In essence, it’s a formal declaration by a court that confirms who legally owns a property.
Once a quiet title action is completed and a judgment is issued, it serves as a legal shield, protecting the owner from future disputes regarding ownership by anyone who failed to assert a valid claim during the proceeding.
A quiet title action in South Carolina may be necessary in a variety of situations, including:
Purchasing a property through a tax sale or foreclosure auction often results in a title clouded with potential legal issues. Former owners, lienholders, or heirs might claim they still have an interest in the property. A quiet title action helps ensure that those interests are extinguished.
When neighbors disagree over property lines, or if historical land use does not match the legal description, a quiet title action can help resolve who owns which portion of land.
When a property passes through generations without formal probate or proper title transfer, it may become their property. Multiple heirs may hold undivided interests, leading to confusion and disputes. A quiet title action can help sort out and consolidate ownership.
In rare cases, someone who has occupied a piece of land without permission may claim legal title under South Carolina’s adverse possession laws. A quiet title action may be part of asserting or contesting such a claim.
Clerical errors, fraud, or lost documentation in the property’s deed history can create gaps in the chain of title. A quiet title action can resolve these ambiguities.
Properties transferred using a quitclaim deed may have unverified or unclear title histories. Quiet title actions are often used to confirm and clarify ownership when no warranties of title were made.
In South Carolina, quiet title actions are governed primarily by state common law and civil procedures, though there is no single statute that lays out the process in detail. Instead, it falls under equity jurisdiction in the state’s circuit courts. Property owners must file a civil complaint and properly serve any known or potential claimants.
The lawsuit must be filed in the county where the property is located. For example, if the disputed property is in Charleston County, the quiet title action must be initiated in the Charleston County Circuit Court.
Only someone with a legal interest in the property—such as the current owner, an heir, a lienholder, or a tax sale purchaser—can bring a quiet title action.
All individuals or entities who might claim an interest in the property must be named and served as defendants. This includes known and unknown heirs, former owners, and lienholders. If a party cannot be located, service by publication may be allowed with court approval.
Here’s how a typical quiet title action proceeds in South Carolina:
Before filing, a thorough title examination is done to identify any defects, outstanding liens, or potential claimants. This is a critical step to ensure all interested parties are notified.
A formal complaint is filed with the circuit court. The complaint will detail the property, the nature of the title issue, and the relief requested (i.e., the court’s declaration that the plaintiff holds clear title).
All potential claimants must be legally served. If any cannot be found after diligent search, the court may allow publication notice in a local newspaper for a certain period.
Defendants have a limited time to respond (typically 30 days after service). If no one contests the action, the court may proceed with a default judgment.
If contested, the court may hold hearings and review evidence. Once the judge is satisfied that the plaintiff has superior title and proper notice has been given, a judgment is issued.
Once the court issues a final judgment, it must be recorded in the county land records. This officially updates the public record and eliminates the identified title defects.
The timeline can vary depending on the complexity of the case, the number of parties involved, and whether the action is contested. On average, a quiet title action in South Carolina may take anywhere from 3 months to over a year. Contested cases or cases involving difficult service by publication may take significantly longer.
The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.
