- March 6, 2019
- Thomas Adam
- Real Estate
For many people who are involved in the purchase and sale of Florida property, title issues are common. It is critical that Florida property owners exercise the highest degree of caution when navigating quiet title actions. The following will review some of the most important things that all property owners should understand about Florida quiet title actions.
What Constitutes Title?
Owing title in a piece of Florida property means that a person has a legal interest in the land. In the state of Florida, courts are careful to protect the recording of land. Florida regulation prohibits transferring most interests in title unless they are written in a document that is signed in the presence of witnesses.
Multiple Ways to Take Title
In the state of Florida, a person can own real estate in one of several different ways. Florida law allows an individual to take title through sole ownership in land, through a trust, and through shared ownership.
Who is Permitted to Own Title in Florida?
Florida residents as well as individuals who reside outside of the state own most of the property in Florida. Corporations and partnerships are also able to own title in property that is located in Florida. The local and federal government also owns property in the state.
Clearing Title in Florida Real Estate
It is possible to make sure that you have clear title to Florida property through the use of a quiet title action, which is a type of lawsuit that is initiated in Florida court. Obtaining a title insurance policy helps a person protect against claims by other individuals who are asserting a right to property. A title insurance policy, however, does not clean up legal title. In most quiet title actions, a property owner is the one who initiates the action and requests a judge to issue a judgment cutting off the rights of those who have an interest in the property or who have clouded the title.
How Long Quiet Title Actions Take
The length of time that a quiet title action takes depends on the circumstances of the individual case. As in any litigation, there are a number of unique factors that determine how long a case will take including the number of parties involved, the locations of the parties, and the availability of any defenses.
How A Quiet Title Action is Achieved
A quiet title lawsuit frequently results in a judgment that is signed by a Florida judge and then filed in the real estate records to show that a judge has ruled that all adverse legal interests in a piece of property have been removed.
Speak with an Experienced Real Estate Lawyer
If you have questions about how to navigate the issues associated with a quiet title action, you should not hesitate to obtain the assistance of an experienced attorney. Contact the Adam Law Group today to speak with a knowledgeable attorney who can make sure that your case resolves in the best possible manner.