Legal Question in Real Estate Law in Virginia

Suit to clear title

I own 52.5% interest in 400 acres in Virginia. There are 10 heirs to 23.75% and one individual has quit claims totaling 23.75% that he got from 5 other heirs. The 10 heirs that have 23.75% are willing to sell if I bring suit to get a clear title, but the individual that owns 23.75% is nowhere to be found. We have tried everything to locate him including his SS #. Twice we have traced him to a mail box drop, and then he closes the box. Now we can't find him anywhere. We have been trying for the past 10 years. What do I need to do to get clear title if I can't find him?

Asked on 7/05/06, 3:39 pm

2 Answers from Attorneys

Thomas Dunlap Dunlap, Grubb & Weaver, PLLC
0 users found helpful
0 attorneys agreed

Re: Suit to clear title

As part of the quiet title suit you would seek to have a court appointed guardian ad litem for the "heirs unknown or not found" you would advertise the property and issue pursuant to a court order. I have served as the guardian ad litem in these type of cases and have served as the attorney as well. I would be happy to talk to you about it if you have more questions.

Read more
Answered on 7/05/06, 3:43 pm
Robert Strupp Robert J. Strupp,Attorney at Law, PLC
0 users found helpful
0 attorneys agreed

Re: Suit to clear title


You would likely be filing a quiet title action in the jurisdiction where the property is located. Who is responsible for maintaining & paying taxes for the property? Facts may lead to an abandonment argument as well.


Robert J. Strupp

Read more
Answered on 7/05/06, 3:45 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now