by Darren Barr, Esq.
THE BASICS: QUIET TITLE ACTIONS
Oklahoma Law abhors unknown ownership and property without marketable title (title good enough to sell). Luckily, there are countless methods to perfect marketable title depending on the issue involved (probate, affidavits, etc). One of the most comprehensive and effective methods of perfecting title is through a Quiet Title Action.
These actions are the legal method by which a judge will determine ownership of a parcel of real property. A quiet title is generally used when there are multiple (or unknown) claims of ownership on the property. Most commonly in the real estate world, a quiet title is required after a sale for ad valorem taxes; thereby ensuring ownership of whomever bought the property.
THE PROCESS OF QUIET TITLE ACTIONS
A quiet title action begins with a petition whereby all record ownership is laid out. This is then supported by the instruments from which ownership arose (namely deeds). This petition is set for hearing and notices are published / mailed to anyone who might have a potential ownership claim on the property. Publishing is required for a quiet title, as it ensures notice to individuals for whom you do not know exist. Objections, if any, are then filed or heard in court. Finally, the Judge enters an order determining the ownership of the property.
Of course, this can get increasingly complex depending on the number of individuals involved and the complexity of the legal issues at hand. Generally, a quiet title can take as little as 2-3 months to complete (but potentially much longer).
SPECIAL RULES
If there are deceased individuals involved, and you do not want to file a probate, you will have to wait a year and commence a Quiet Title and Determination of heirship under 58 O.S. Section 257.
This statute allows for determination of ownership for a parcel of land wherein someone has died intestate or has left unknown heirs. However, this can only be done if the deceased has died more than a year ago.
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