You’re being sued for real estate, but don’t panic
People who own a piece of property can end up having their ownership challenged for various reasons. The person who challenges the property’s ownership is called the “quiet title” and has to show there’s a reason for them to make such a claim. It sounds like it would be easy, but it turns out that the law is complicated and full of loopholes! This post will explore some of those loopholes and what you should do if you are faced with this challenge.
Owning real estate can be a great investment, but it can also come with some risks. This article will explore how to protect your property and stay out of trouble. Ownership is one of the most sacred rights in society. Land ownership dates back well over 5,000 years ago in ancient Sumerian culture where people used land as collateral for loans. Yet for centuries, there has been dispute about who owns what when it comes to land ownership–particularly when someone else contests that they have the right to that piece of property you call yours! It’s hard enough keeping track of your own property without worrying about someone else claiming theirs too! What should you do if this happens? This article explores some common reasons why someone might contest your ownership in the first place and some steps you can take in order to protect your property.
What is “quiet title”?
The most common way in which someone else might challenge your right of ownership is with a challenge known as “quiet title.” Quiet title is when someone comes along and claims that they or their ancestors somehow own the land that you’re on, with no evidence to back it up. The person making the claim is called the “quiet title” and they have the burden of proof to show that there’s a reason for them to make such a claim. This can be difficult, as proving something like this often requires digging through old records that might not be readily available. If you’re faced with a quiet title lawsuit, it’s important that you are properly insured for this kind of thing.
The way the law is set up with quiet title claims is by allowing “the most peaceable and public” ownership of land. This means that if someone else contests your claim, they have to show why their claim is more legitimate than yours. If someone does challenge your claim, they can claim that their ancestor is the original owner of the land—and that you shouldn’t be there. However, they will have to prove this is true with evidence.
A person is not allowed to just come along and say “Oh yeah I totally own that field in Africa” without having some kind of evidence. If someone tries to challenge your ownership in this way, you can stop them by proving that you do indeed own the land. If someone does make a claim like this against you, it’s important to get an attorney to help defend yourself—and avoid settling out of court.
How to respond to a “quiet title” action?
Unless you have a written lease or contract with the person claiming to have ownership, it will be difficult for you to disprove their claim. With help from an attorney, you can answer questions about tenure of ownership, location of property records before 1900, and copies of wills that show where current title holders are listed as heirs. This may be expensive but it is necessary if someone challenges your ownership.
Conclusion
If you’re worried that someone is laying claim to your land and/or property, this article should give you some helpful information about how to protect yourself against a “quiet title” lawsuit. The law can be tricky when it comes to real estate and the way it’s set up favors peaceable ownership over one person claiming they own something without any evidence or paperwork.
