Quiet enjoyment vs. Quiet title

by | Aug 1, 2021 | Language of Real Estate | 0 comments

Quiet enjoyment vs. Quiet title

Quiet enjoyment is the right to uninterrupted use of the property, whereas quiet title is the name of a legal action to prove valid title to real property.

Quiet enjoyment — The right of an owner or lessee legally in possession of property to uninterrupted use of the property without interference from the former owner, lessor or any third party claiming superior title.

Quiet title — A court action intended to establish or settle the title to a particular property, especially where there is a cloud on the title. All parties with a possible claim or interest in the property must be joined in the action. A quiet title action is frequently used by an adverse possessor to substantiate the title, because having official record title makes it easier to market the property. Once the judgment or decree of the court has been recorded, proper record notice of the claimant’s right and interest in the property is established.

A quiet title action can generally be used to extinguish easements; remove any clouds on title; release a homestead, dower or curtesy interest; transfer title without warranties; clear tax titles; or simply release an interest when the grantor may have some remote claim to the property. The seller who holds a forfeited contract for deed, which the buyer had recorded, sometimes brings a quiet title action to clear the cloud on title produced by the recorded contract for deed, especially where the buyer refuses to release or quitclaim the interest.


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