Legal Question in Real Estate Law in Texas

Filing Suit to Quiet Title

I want to file suit to quiet title.

I was told I basically just write a check and wait to see if anyone comes to lay claim to the property. Where would I begin the courthouse or the title company?


Asked on 2/06/08, 11:48 pm

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: Filing Suit to Quiet Title

It's not quite that easy. To start with, you need to hold some type of title to the property, which gives you the right to file a lawsuit to clear your title. You should get a run sheet from a title company to determine what title you own, and who else may claim to also own some type of title to or judgment against the land.

Depending on what you find, you might file a suit to remove cloud and quiet title, or maybe a partition suit. You will need to serve anyone that you know of who might claim title to the land. If you don't they won't be bound by the judgment. You will probably also do service by posting or publication, and there are special requirements for doing that. An attorney ad litem may need to be appointed for any unknown owners.

It's going to be a lot more than simply paying a fee and waiting to see who shows up. This kind of thing is expensive, and often doesn't pay for itself, unless the land is big or particularly valuable. Please consult with an attorney who is experienced in this area of real estate law.

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Answered on 2/07/08, 10:41 am


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