Quiet Title: Types and Applications

When two or more persons have adverse claims to the same property, any claimant may initiate a quiet title action. The purpose of the action is to eliminate an adverse claim and to establish, perfect, or “quiet” title in one or more claimants as of a particular point in time.

A quiet title action may be brought to establish a legal or equitable title or interest in real or personal property. Depending on the circumstances, that may include a leasehold interest, an equitable interest in land, an easement or license, or title by adverse possession when the required elements can be proven. See California Code of Civil Procedure section 761.020(b).

The fundamental procedures, parties, and pleading requirements for California quiet title actions are found in California Code of Civil Procedure sections 760.010 through 764.080. The purpose of the action is to establish title against adverse claims to real property or an interest in that property. See California Code of Civil Procedure section 760.020.

The quiet title remedy may be combined with other causes of action or remedies, including declaratory relief, equitable subrogation, or title-fraud claims. In a proceeding where title is at issue, the court may, in its discretion and on a party’s motion, require the issue to be resolved under the quiet title provisions. See California Code of Civil Procedure section 760.030.

A quiet title action concerning real property must generally be brought in the superior court of the county where the property is located. The complaint must be verified under penalty of perjury and based on personal knowledge. Under California Code of Civil Procedure section 761.020, it must identify the property, the plaintiff’s claimed title, the adverse claims, the relevant determination date when one other than the filing date is sought, and the requested determination of title.

An answer must also be verified and must describe the defendant’s claimed interest, facts controverting the complaint, and any new matter constituting a defense. See California Code of Civil Procedure section 761.030. The plaintiff must name known and unknown persons claiming an interest in the property, and persons claiming an interest may join the action. See California Code of Civil Procedure sections 762.010, 762.020, and 762.050.

When unknown persons are sued, service by publication may be required. In that circumstance, the plaintiff may also be required to post notice on the property and record a lis pendens. See California Code of Civil Procedure section 763.020. A notice of pendency of action, commonly called a lis pendens, is required in a quiet title action and must be recorded, served, and filed as required by California Code of Civil Procedure section 761.010.

A quiet title judgment is binding and conclusive on persons, known or unknown, who were parties to the litigation and who claim an interest in the property. The judgment does not affect certain nonparties whose claims were of record or actually known, or reasonably should have been known, to the plaintiff. See California Code of Civil Procedure sections 764.030 and 764.045. Quiet title is an equitable action, so there is generally no right to a jury trial and equitable defenses may be asserted.

There is no single statute of limitations for every quiet title action. Although quiet title is an equitable action, courts look to the theory of relief underlying the claim to determine the applicable limitations period. See Lang v. Roche, Ankoanda v. Walker-Smith, and Muktarian v. Barmby.

Important exceptions and caveats may apply. When an adverse claimant asserts a claim sufficiently to bring it to the plaintiff’s attention, the applicable period may be five years for certain adverse-possession claims, three years for certain injuries to real property, or one year for certain tax-sale matters, depending on the nature of the claim. See California Code of Civil Procedure sections 318 through 321 and 338; Revenue and Taxation Code section 3725; and Mayer v. L & B Real Estate.

As a general rule, the limitations period does not run while the plaintiff remains in exclusive and undisputed possession of the property. Federal quiet title claims involving an asserted interest of the United States are subject to a separate 12-year limitations period measured from accrual. See 28 U.S.C. section 2409a(g).

California appellate decisions confirm that a default judgment may not be entered in a quiet title action without an evidentiary hearing. California Code of Civil Procedure section 764.010 requires the court to establish the plaintiff’s title and to hear evidence offered concerning the claims of defendants. See Harbour Vista, LLC v. HSBC Mortgage Services, Inc. and Nickell v. Matlock.

If defendants have not responded and defaults have been entered, live witness testimony may still be necessary at a prove-up hearing. The court may also have discretion to hear evidence presented by defendants.