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A suit to clear title or "quiet title," is a lawsuit that aims to remove a cloud on title, fix a defect in the chain of title, or to clarify ownership interests of a piece of property. The effect of a quiet title action is to declare invalid or ineffective the defendant's claim to title.
A plaintiff in a quiet title suit must prove that they are the rightful owner of the property, that a claim or encumbrance disputes their ownership, thereby questioning the validity of the title, and that the claim or encumbrance is invalid or unenforceable.
A cloud on title has been generally defined as a semblance of title, either legal or equitable, which is, in fact, invalid or would be inequitable to enforce. Hopkins v. Netterville, No. 12-00-00339-CV, 2002 WL 59278, at 6 (Tex. App. Jan. 16, 2002) (citing Vanguard Equities, Inc. v. Sellers, 587 S.W.2d 521, 525 (Tex.Civ.App.-Corpus Christi 1979, no writ). A cloud on title is an outstanding claim or encumbrance apparently valid, but that is in fact, invalid. Id. Acts done in the exercise of an asserted right of use or ownership of realty constitute a cloud on title. Id. (citing Humble Oil & Refining Co. v. Sun Oil Co.*, 191 F.2d 705, 719 (5th Cir.1951), cert. denied, 342 U.S. 920, 72 S.Ct. 367, 96 L.Ed. 687 (1952)). A common example of a "cloud on title" that I've seen in my practice is a deed, contract, judgment, or other instrument that doesn't appear to be void on its face that purports to convey any interest in or make any charge upon the land of a true owner, but is in fact void or invalid, requiring proof of such to "clear title".
Title defects are usually discovered by a title company through a search of the recorded documents in the county clerk's office.
Curative title work generally involves actions to "quiet title", but they also encompass any action required to correct errors or unexpected discoveries in a chain of title. Some examples of title defects include:
Quiet title claims are complex and almost always determined by the legal technicalities of real property law. If you are concerned about an adverse claim on your property, or an invalid deed, lien or judgment, you need a seasoned Texas Quiet Title Attorney protecting your property rights.
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