A lawsuit filed to resolve disputes over property ownership and remove clouds on a title.
Why Quiet Title Action matters on the exam
This term belongs to Transfer of Title. The questions below are real items from Freehold's bank that use it - each one cites its source.
Exam questions using Quiet Title Action
Every Freehold question shows why the right answer is right — and cites its source.
Two tenants in common can no longer agree on how to manage their jointly owned property. What legal remedy allows either owner to force a division or sale?
An eminent domain proceeding
An escheat proceeding
A partition action
A quiet title action
Show answer & explanation
A partition action — A partition action is a lawsuit that allows any co-owner to compel a physical division of the property or, if impractical, a court-ordered sale with proceeds divided among the owners.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
When a cloud on title cannot be resolved by simply obtaining a release or quitclaim deed, an owner may file a lawsuit known as a(n):
Eviction action
Quiet title action
Interpleader action
A formal partition action
Show answer & explanation
Quiet title action — A quiet title action is a lawsuit filed to have a court judicially determine and settle competing claims to a property, thereby removing clouds on the title and establishing clear ownership.
Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title
One common reason an adverse possessor files a quiet title action after satisfying the statutory requirements is to:
Avoid paying the property taxes
Automatically and immediately receive title insurance issued directly by the state
Obtain a court judgment establishing marketable, insurable record title
Extend the statutory possession period by a further term of years afterward
Show answer & explanation
Obtain a court judgment establishing marketable, insurable record title — Even after meeting the elements of adverse possession, a claimant typically needs a court judgment through a quiet title action to create a clear, insurable record title that can be sold or financed.
Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title
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