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What are some grounds to pursue Quiet Title Action?

What are some grounds to pursue Quiet Title Action?

On Behalf of | Aug 15, 2018 | Uncategorized

When it comes to property division in New Jersey, many citizens have some complications arise as they try to claim ownership of the property. If more than one person is legally entitled to certain land or property, one of them can try to file a Quiet Title Action lawsuit in order to obtain sole rights to it.

In order to properly file this lawsuit, you need to have reasonable grounds for doing so. Given how long some of these can potentially take, it is crucial to identify these grounds as soon as you can.

Squatter’s rights

Even if you do not have a legal title to the property, you can still obtain it through adverse possession. This means that someone who is within a piece of property without owning it for a certain amount of time, they can potentially gain title for it. This can happen as long as you made no attempt to hide your presence and you were taking care of the land you were on. In New Jersey, you would have to be on this land for at least 30 years to be eligible to these rights. If you inherit someone else’s property and know that someone else is trespassing on it, you need to file for their ejectment before they are able to claim squatter’s rights.

Surveying errors

Once you inherit land in New Jersey, you need to check the surveys to see if there are any oversights in the description. While modern technology does decrease the odds of serious errors, there still might be some misunderstandings of where the land ends and how much you should own. Whoever wrote the details of your ownership could have miscalculated the amount, used faulty instruments or did not account for any variations the land goes through in natural occurrences.

Boundary disputes

Whether it is with another neighbor, a city or even a state, disagreements can arise between multiple parties from how large the property is. Before filing a lawsuit, see if you can properly survey the land or come to an agreement with the other property owner on what can serve as boundaries between the two sides. If no agreements can be made, it might be best for the court to help enforce your rights to the property.

Quiet Title Action lawsuits are a very complicated process in New Jersey that requires proper legal assistance to increase your chances of obtaining sole ownership of your property.

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