Land Title: What Is A Quiet Title System
Lands are valuable asset for land owners. Generally land's value is more likely
to rise because they do not make more lands. Smart investors love lands because
they preserve their original value. Indeed, land owners must have a valid title to
certify their ownership. Nevertheless, not all land owners possess a title. Though,
they are the true owners, they lack any official document to justify their ownership.
In those circumstances, they may become victims of force sale.
This discussion will help one to understand once and for all what is a quiet title system.
Let's get started.
First what is a land title?
A land title is an official record of who owns a piece of land.
It gives an accurate and up-to-date picture of legal ownership of the land.
According to Wikipedia, in property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership.
Truly, it is paramount that one validates one's land ownership with a title. Moreover, without a land
title, one can become a victim of a quiet title system.
What Is A Quiet Title System?
A quiet land title is used to establish ownership of land where inheritance has occurred over generations and lack formal documentation and to force sale. Indeed, land owners without a title
often face disputes or challenges to prove their ownership. In most cases, they have inherited the land but do not have any formal documentation. Therefore, they must use a quiet title action to quiet those disputes.
According to Wikipedia,
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title. From the legal-dictionary.thefreedictionary.com, it is written,
Is a proceeding to establish an individual's right to ownership of real property against one or more adverse claimants. An action to quiet title is a lawsuit filed to establish ownership of real property (land and buildings affixed to land). ... A quiet title suit is also called a suit to remove a cloud. By filing for a quiet title suit, one is trying to remove doubt about one's land ownership and restore the authenticity of one's rights. The ultimate goal is to quiet all disputes, challenges and claims. A recent but high profile example of quiet title system involves the Facebook CEO in Hawaii.
Mark Zuckerberg filed what are known as quiet title actions to secure parcels of land within his seafront property on Kauai. To be fair, Zuckerberg said in a statement: “Based on feedback from the local community we are reconsidering the quiet title process and discussing how to move forward,”
He also said that: “We want to make sure we are following a process that protects the interests of property owners, respects the traditions of native Hawaiians and preserves the environment.”