03/07/2018

Real Estate Ownership: Clearing Clouds

Ownership in real estate is usually very clean and straightforward. Thankfully in those cases, legal help is not generally needed. It is the unusual situations where legal help is needed.

When a person or party who is not the current owner still has an ownership in real estate we refer to that non-current owner's interest as a "cloud" on the title to the property. There are three means of eliminating the cloud on title: get an agreement; a quiet title action; or a proceeding subsequent to registration. A quiet title action is the name for a legal proceeding if title to the real estate is in abstract form while a proceeding subsequent is the name for a legal proceeding if title to the real estate is in Torrens form.

A good title search will identify any prior, unresolved ownership interests or clouds. If you come into a title search that identifies a cloud on the title to your property, I can clear those clouds away and clean up the title to your property.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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