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  #1  
Old 09-22-2005, 01:09 PM
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Join Date: Sep 2005
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Question

how does a quiet title action resolve this?


What is the name of your state? Delaware

i was told in my last post that i should have the attorney file an action to quiet title on the following problem, just out of curiosity, how does that resolve the lack of a deed?

last post:::::
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I inherited 8.5 acres of land in Delaware from my grandmother. When I went to the Register of Wills to do all the legal matters regarding executorship and inventory they pulled up the property info and said there was NO deed for it. Then we looked with them in the deeds office for any relevant records and traced the property as being listed as owned by my grandmother, her mother, and another man who had left it to them. Then they tell me I need to hire an attorney to do a title search. So far the ordeal with the attorney is running in circles and not finding much of anything.
What I wonder is, the land has been uncontested to belong to my family for over 40 years now. Suddenly theres an issue with a deed not existing. There hasn't existed a lease, lienholder, mortgage, or rent. Property taxes went through my family. Can't a deed just be made out for this property to be named as mine? I've been running in circles trying to do all these searches, yet nobody has any contest to the fact it was owned by my family. If possession is 9/10's of the law then it should be simple. And even if adverse possession is used: we have a house ON the property that has been LIVED in for years and that should constitute ownership.
What can be done? How can it be done?
any assistance is appreciated.
  #2  
Old 09-22-2005, 03:53 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
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A quiet title suit resolves the lack of a deed by the court's examination of all the interests of all the people who have ever had an interest in the land and then deciding who owns it and what amount of interest they own in the land.


From [url]www.law.com:[/url]

quiet title action
n. a lawsuit to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. Such a suit usually arises when there is some question about clear title, there exists some recorded problem (such as an old lease or failure to clear title after payment of a mortgage), an error in description which casts doubt on the amount of property owned, or an easement used for years without a recorded description. An action for quiet title requires description of the property to be "quieted," naming as defendants anyone who might have an interest (including descendants-known or unknown- of prior owners), and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties, including known and unknown, by publication. If the court is convinced title is in the plaintiff (the plaintiff owns the title), a quiet title judgment will be granted which can be recorded and thus provide legal "good title." Quiet title actions are a common example of "friendly" lawsuits in which often there is no opposition.
See also: notice title
  #3  
Old 09-23-2005, 09:16 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
and such an action is not a do-it-yourself type of action.
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