A title is an integral part of any real estate transaction. It serves to verify the legal owner of a property and gives them the right to do as they please with it. Therefore, any unresolved issues surrounding a property’s title can cast doubt about who legally owns it.
There are many scenarios that could lead to questions or uncertainty about a property’s title, commonly referred to as clouds on a title in real estate jargon. For instance, a boundary dispute, property liens, claim of adverse possession or even fraud could result in third-party claims to a property. This is where a quiet title action comes in.
How a quiet title action works in Wisconsin
A quiet title action is a legal proceeding used to identify all existing claims or interests in a property. By filing a quiet title action, you are, in essence, asking anyone with a claim to a property to come forward.
An action to quiet title must be brought in the county where the property is located, and there are specific legal procedures you must adhere to when doing this. Everything culminates in a judge reviewing the submissions of every party and issuing a legally binding judgment.
If you prevail, the judge will grant a quiet title, and no further claims can be made against the property. Such a title is said to be clear.
The importance of a clear title
Defects or clouds on a title may negatively affect the property’s value or prevent you from transacting with it. A clear title will also help avoid potential inconveniences and give you peace of mind. Therefore, if you have any clouds on your title, it is advisable to seek qualified guidance on how best to identify and resolve them to ensure your title is clear.