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Quiet title, time required

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Ludvig

Junior Member
What is the name of your state? CA

I am about to buy a piece of raw land from the owner. There is a cloud on the title from someone else who has a deed that shows them receiving the property as a gift, but the giver apparently never owned the property. The other person with the defective deed never did anything with the property and never paid property taxes on it.

The giver once owned the property next door, and everyone might agree this is a minor administrative problem. Of course, they might also be a pain.

Otherwise, a title search shows no problems at all.

I'm perfectly willing to go to court and do a quiet title action. How long do these take? If there are very few matters of fact to determine, is this a very expensive process? I might just make an offer to the person with the defective deed to avoid court.
 


John Se

Member
Sellers Problem not yours

This sounds like the sellers problem, not the buyers. Do not buy without a Title insurance policy purchased by the seller. Then your clear and marketable title is insured. I repeat, Seller needs to provide a title insurance policy. Quiet title action is sellers issue not yours (Expensive? depends what you call expensive), costs need to be born by the seller. Did a title insurance company do the title search?
 

HomeGuru

Senior Member
Ludvig said:
What is the name of your state? CA

I am about to buy a piece of raw land from the owner. There is a cloud on the title from someone else who has a deed that shows them receiving the property as a gift, but the giver apparently never owned the property. The other person with the defective deed never did anything with the property and never paid property taxes on it.

The giver once owned the property next door, and everyone might agree this is a minor administrative problem. Of course, they might also be a pain.

Otherwise, a title search shows no problems at all.

I'm perfectly willing to go to court and do a quiet title action. How long do these take? If there are very few matters of fact to determine, is this a very expensive process? I might just make an offer to the person with the defective deed to avoid court.
**A: make your offer subject to getting clear title.
 

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