Quiet Title in Massachusetts
Quiet title is a legal action used to resolved real estate disputes. This action asks a court to issue an order resolving a property issue. This can be highly effective in determining one’s rights in property.
Overview of Quiet Title
Quiet title is a broad cause of action, and can conceivably be used for any type of real estate dispute where the rights of property are at issue.
I like to think of quiet title as being a declaratory judgment action for property, where a court is being asked to resolve an actual controversy.
Quiet title, importantly, gives a claimant a lot of leeway in who an action can be brought against, including “the claims or rights of persons unascertained, not in being, unknown or out of the commonwealth.” This is helpful for disputes where the potential defendants are unknown or not entirely certain.
Where to File
Quiet title actions are most often filed in Superior Court and Land Court. Deciding which court to use is a critical decision, which an experienced attorney can help with.
In my experience, Land Court is often the best forum for these matters. Land Court judges have a solid background in real estate matters, and expertise in addressing such cases in a prompt and effective manner.
Other Options for Resolving Property Disputes
When bringing a lawsuit to resolve a property dispute, it is important to similarly consider and include any other causes of action for resolving property disputes.
For boundary disputes, claims of adverse possession and easement by prescription often arise and come into play. Try title, which forces an opposing party to raise all of their claims to a property in a single action, is also a claim that should be considered in such matters.
Property disputes involving deeds and mortgages often implicate matters concerning reformations and discharges.
If you need assistance with a real estate dispute, contact me for a consultation.