Legal Question in Real Estate Law in South Carolina

Heirs Property

My grandfather died years ago without a will. He had real estate that is now considered heirs property, but no one living has title to the property. The title is still in his name. One of my cousins started a proceeding in the Court of Common Pleas for the title to the property. In the court papers two terms are used that I do not understand. What is the meaning of ''Quiet Title'' and ''Lis Pendens?''

Thanks for your assistance.

Asked on 12/30/00, 12:55 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC
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Re: Heirs Property

A quiet title action is defined in Blacks Law Dictionary as "A proceeding to establish the plaintiff's title to land by bringing into court an adverse claimant and there compelling him either to establish his claim or be forever estopped (stopped) from asserting it."

A lis pendence is a lien against a property, stopping an individual from doing anything with the property until the conclusion of the quiet title action.

Mike.

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1/04/01, 9:17 am

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