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QUIET TITLE ACTION

A "quiet title action" is a lawsuit to establish ownership of real property (land and improvements). The court sorts out various claims to a piece of property that clouds the ownership of the property. By declaring the rightful owner of the property, the court "quiets" the title (Civ. Code §3412) and removes any cloud to the property (Code Civ. Proc. §764.030).

Common reasons for an association to file a quiet title action is when (i) the developer fails to transfer common areas to the association or (ii) a homeowner takes over part of the common area and claims it for himself under adverse possession, or (iii) easement disputes.

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Adams Stirling PLC