Quiet Title Actions in California

The purpose of a quiet title action is to establish title against adverse claims to real property or any interest in the property. Under California Code of Civil Procedure §760.020, a quiet title action can be combined with other causes of action or remedies. When establishing or quieting title is at issue, the court may require that the issue be resolved under the quiet title provisions.

Jurisdiction: A quiet title action must be brought in the superior court of the county where the real property is located. Once before the court, the court has complete power to determine title issues.

A complaint to quiet title must be verified and must contain: a description of the property (both legal description and street address), the title of the plaintiff as to which a determination is sought, the adverse claims to plaintiff's title, the date as of which the determination is sought, and a prayer for the determination of plaintiff's title against the adverse claims. If based on adverse possession, the complaint must allege the specific facts constituting the adverse possession.

An action to quiet title is an equitable action — there is no right to a jury trial. A judgment in a quiet title action is binding and conclusive on all persons, known or unknown, who were parties to the litigation and who have a claim to the property. The plaintiff must name as defendants all persons known or unknown claiming an interest in the property.

Quiet title actions arise in the South Bay when there are boundary disputes, old unrecorded claims, or title defects that cannot be resolved through standard curative work. Team Goeglein at Fidelity National Title works with real estate attorneys to identify when a quiet title action may be necessary and coordinates the title process accordingly.