The action names all persons with a potential interest and asks the court to declare the plaintiff's title superior. It resolves clouds arising from defective deeds, unreleased liens, boundary uncertainty, and adverse claims.
Service on unknown claimants proceeds by publication.
Alternative Names:
Action to Quiet Title, Quiet Title Suit
Why it Matters?
Joining every potential claimant is what makes the judgment effective, since a person not served retains their interest regardless of the decree. Title searches identifying all record interests, including unreleased mortgages and expired liens that were never discharged, are the necessary predicate. Judgments entered without complete joinder produce a cloud rather than resolving one, which surfaces at the next sale.
Frequently Confused with
Related terms
Frequently asked questions
Why must all claimants be joined?
How are unknown claimants served?
