Quiet Title Matters

Howard J. Alpern
(719) 471-7955
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Dan D. Stuart
(719) 471-7955
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John L. Cyboron Colorado Springs Attorney
John L. Cyboron
(719) 475-7956
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Kenneth P. Myers
(719) 471-9410
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Virjinia (“Jina”) V. Koultchitzka
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Gregory M. O'Boyle
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Quiet Title Matters

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.

This legal action is "brought to remove a cloud on the title" so that plaintiff and those in privity with him may forever be free of claims against the property. The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment.

This genre of lawsuit is also sometimes called either a try titletrespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant." However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure.Nonetheless, in some states, all terms are used synonymously.

 


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