Can Quit Claimed Property Ever Have a Clear Title?

[kimmarc723]

What is the name of your state (only U.S. law)? North Carolina

Property was quit claimed 5 years ago in NC. Owners has been paying the taxes on the property yearly since quit claim deed was recorded. Land was previously not on the tax scrolls with a listed owner. Property was investigated by law enforcement agency to verify no laws were broken. How long does the owner have to own the property before he can apply for a title, if he/she ever can?

Some say 20 years, others say 7 year?

Thanks

 

[justalayman]

One doesn't file for title to property. One is given title by the prior holder of the title or one earns a claim of adverse possession by fulfilling the laws of whatever state is involved and then filing a suit to quiet title.


Being granted title via a quit claim deed from s person that has not rights to transfer means nothing. They had nothing to give so you got exactly that from them.

And just because a property was not on the tax rolls doesn't mean there is no owner. It simply means the property has not been on the tax rolls. There are a variety of reasons that could happen none of which make the land "up for grabs"

 

[latigo]

What is the name of your state (only U.S. law)? North Carolina

Property was quit claimed 5 years ago in NC. Owners has been paying the taxes on the property yearly since quit claim deed was recorded. Land was previously not on the tax scrolls with a listed owner. Property was investigated by law enforcement agency to verify no laws were broken. How long does the owner have to own the property before he can apply for a title, if he/she ever can?
Some say 20 years, others say 7 year?

Thanks

"How long does the owner have to own the property before he can apply for a title. . . . " Is an incongruity!

Obviously what you are asking is how long does a person need to be in possession of property that they don't own in order to own it?

Answer: If all the elements of adverse possession are in place and such possession is "under color of title" * then in North Carolina seven (7) years. (North Carolina General Statutes Section 1-38) If not "under color of title" then 20 years.

But a word of explanation is needed as the statute does not mean that the one in possession automatically becomes the owner after the 7 or 20 years have passed.

What it means (to quote from the statute is) that "no entry shall be made or action sustained against such possessor by a person having any right or title to the same".

In other words, the person that is the recorded or actual owner of record cannot thereafter assert that ownership.

So where does that leave the possessor that can prove that all of the elements of adverse possession are in place?

Just where justalayman has told you. The possessor would need to file and prosecute a quiet title action to have the appropriate court declare that he is the owner.

Now I have stated that in simplified layman's terms. But don't mistakenly assume that a quiet title action is simple. It is not. They are expensive, time and paper eating pains in the ass!

Every time I went through one I swore it would be the last.

___________________________


[*] "Color of title" is generally defined as follows:


The appearance of a legally enforceable right of possession or ownership. A written instrument that purports to transfer ownership of property but, due to some defect, does not have that effect. A document purporting to pass title to land, such as a deed that is defective due to a lack of title in the grantor, passes only color of title to the grantee.

However, to me it is a very indecisive and inconclusive and ill-advised term. But I won't boor you further as to why I think so.

 

[FlyingRon]

Yep, color of title defect is like the grantor putting the wrong lot number or screwing up the name of a party, not the fact that they didn't own the property regardless of what the instrument was (warranty deed, quit claim).

Title in real estate is not a single document like a car.

First step is always to get a title search (most likely backed up with a title insurance policy to warrant that answer). If their are issues with the title as a result, then depending on what they are determines how they are resolved.