Is action for Quiet Title the way to go?
I own a share of a piece of commercial real property, in conjunction with other individuals. We have recently come across the discovery that legal descriptions on various deeds differ; although there is no question as to ownership of the property, there is a question of exactly which/what property we own. I understand Quiet Title actions are normally used in cases where ownership is questioned, but if we don't even have an ''official'' legal description to rely on, is a QT the answer, or should we have a professional survey done on the property & record new deeds w/ correct language?
1 Answer from Attorneys
Re: Is action for Quiet Title the way to go?
It depends upon whether or not there is a dispute between the current owners. If there is no dispute, then there is no reason you all cannot pass a resolution that confirms ownership and then record a corrected deed. This is easy.
If there is a dispute, then yes, the best way is likely a quiet title lawsuit. There are complicated issue to resolve before, during, and after such a suit. Consult a qualified and competent attorney before proceeding.
Call or email if you need further help in this area.