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The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment. [2] This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant." [3]
Property law; Part of the common law series: Types; Personal property; Community property; Real property; Unowned property; Acquisition; Gift; Adverse possession ...
Paramount title is not always the best (or highest) title, since it is necessarily based on some other person's title. [3] [4] A quiet title action is a lawsuit to resolve with any cloud on title, such as competing claims or rights to real property, for example, missing heirs, tenants, reverters, remainders and lien holders all competing to get ...
A quitclaim deed may also be used to transfer title of a property to a purchaser following a foreclosure auction. Typically such a deed will not warrant that the property title is free and clear, and it remains up to the grantee to check that the property is not subject to any legal encumbrances. [11]
Quiet title is used to refer to the new owner's peaceable possession. Property title , or ownership , also includes possession , but is a greater property right than the latter. Therefore, peaceable possession may also refer to a tenant 's, or lessee 's, warranty of Quiet enjoyment , or require such for a quiet title action.
Covenant of quiet enjoyment: "The covenant of warranty is an assurance or guarantee of title, or an agreement or assurance by the grantor of an estate that the grantee and their heirs and assigns will enjoy it without interruption by virtue of a paramount title and that they will not, by force of a paramount title, be evicted from the land or ...
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Ejectment is a common law term for civil action to recover the possession of or title to land. [1] It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured.
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