Washington, DC asked in Real Estate Law for Maryland

Q: Can Can You Quiet Title A Estate Estate / Property With No No mortgage / Lease.. && Not Regarding Adverse Prosession

Maryland Maryland

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2 Lawyer Answers
Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: Yes. A quiet title action may be brought to address any dispute over interests in real property. Adverse possession is only one of many potential disputes. You may also couple many equitable claims with demands for money damages and injunctive relief, negative and affirmative.

Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: If the person filing suit has a legitimate basis for claiming to own the property, then yes, they could file suit to quiet title.

Maryland recognizes two different basis for ownership claims -- either based on title rights (based on deeds, for example) or based on adverse possession rights (based on actually possessing the land for the statutory period). Either one of these can be the basis for filing to quiet title. One cannot "quiet title" in land they have no interest in. For example, I can't say "hey, that property down the street has just been sitting there vacant for years, let me quiet title to it."

If you have a question about a particular property you have some ownership/ possession interest in, and how to go about quieting title, you are strongly encouraged to sit down with a real estate lawyer. Before this kind of suit can begin one needs to do a thorough title examination and identify everyone who might have a possible interest so that they can be named as parties to the suit.

While this post shouldn't substitute for getting legal advice, I hope that it generally answers the question.

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