What Is a Quiet Title Action and When Do You Need One in Missouri?

A quiet title action is a court case filed to resolve issues affecting real estate ownership.  These issues, often called “clouds on title,” may arise due to unresolved liens, competing claims to ownership, boundary disputes, or property not properly passed down from a deceased owner, for example. 

Many people do not realize they have a title problem until they try to sell or refinance their property. In order to sell or refinance, your property must have “marketable title.” Clouds on title may prevent having marketable title and can bring a real estate deal to a complete stop. 

Why Do I Need to “Quiet Title” to Property I Purchased at a Tax Sale?

One of the most common scenarios I see, where a client is unaware they do not have marketable title, is when the client purchased their property at a tax sale.

Each August, counties throughout Missouri hold auctions to sell properties which are delinquent on real estate taxes. After these auctions, the successful purchaser typically does not own the property as they would a property purchased from a seller.  Legally, the purchaser must allow an opportunity for the prior owner and certain other parties to “redeem” the property before it belongs free and clear to the purchaser (i.e., giving notice to those parties, including through the judicial system). 

In essence, the purchaser typically will not be able to sell the property or secure financing with the property until title is properly “quieted” through the assistance of a qualified attorney, which typically includes the filing of a quiet title action with the court.

What Does "Dying Without a Will" Have to Do with Title Problems in Missouri?

You might not think of estate planning when you hear about real estate title issues, but the two can be closely connected. One of the most common causes of Missouri land ownership disputes is property that was passed down without a clear will or properly handled estate.

When a property owner dies without a will or trust, or without a valid nonprobate transfer of the land, the land may pass to that person's heirs under Missouri intestacy laws after probate. But if even one of those heirs is missing, unknown, or left out of the probate process, their interest in the property can linger in the records for years. That lingering interest creates a cloud on title in Missouri, making it hard to sell, refinance, or even insure the property.

In these situations, a quiet title action in Missouri is often the only way to clean up the ownership record. 

What Role Does Adverse Possession Play in Missouri Land Ownership Disputes?

Adverse possession under Missouri law allows a person to gain legal ownership of land they have occupied under certain conditions. Adverse possession plays a significant role in many Missouri land ownership disputes.

To succeed on an adverse possession claim in Missouri, a person must prove to a court that their possession of the property was actual, hostile, “open and notorious,” exclusive, and continuous for at least 10 years. Courts in Missouri have definitions for each of these five elements, which are each analyzed in each adverse possession case.

Common examples include a neighbor whose fence has crossed the property line for over a decade, or someone who has maintained and used a piece of land that the actual owner abandoned or ignored. In these cases, a quiet title action is the legal mechanism for resolving the question of ownership of the land at issue.

Adverse possession claims can also work in the other direction. If you are a property owner and someone is trying to claim your land this way, filing a quiet title action can help you defend your Missouri property ownership rights before the 10-year window closes. 

I have seen many instances where proper and vigilant action by the record owner could have potentially prevented a neighbor from adversely possessing the record owner's land. A great way to be vigilant from adverse possession claims is to obtain a survey and consult the advice of a qualified real estate attorney as soon as you purchase your property.  Even with title insurance, it is necessary to take this step to be vigilant against adverse possession claims.  At Kreitler Law Firm, LLC, we can assist you in protecting your property rights after you purchase property, and often the solution may be practical, such as putting up a fence along the boundaries identified in the legal description of your deed.    

Why Should You Work with a Quiet Title Attorney?

An experienced attorney at Kreitler Law Firm, LLC will evaluate your case, draft all necessary legal documents, and represent you in court if the case is contested. They know how to identify every potential claim against your property and address each one effectively.

Working with Kreitler Law Firm, LLC on real estate litigation in Missouri means you have a guide who has handled this process many times. We can set realistic expectations, keep things moving, and protect your interests throughout the case.

How Can You Protect Your Missouri Property Ownership Rights?

The best way to protect your Missouri property ownership rights is to stay ahead of problems before they grow.

When you buy property, always purchase title insurance. It will not prevent defects, but it can protect you financially if one is discovered later. Make sure every deed, lien release, and legal document is properly recorded at the county level. Keep copies of all your real estate documents in a safe and accessible place.

If you inherit property, have the title reviewed by us right away. Do not assume everything is in order just because the property has been in your family for years. Many Missouri real estate title issues come from estates that were never properly settled.

Pay attention to your property boundaries and who is using your land. If a neighbor starts treating part of your property as their own, address it early. Waiting too long could open the door to an adverse possession claim under Missouri law. Once that 10-year clock runs out, your options become much more limited.

Ready to Clear Title to Your Property in Missouri?

Dealing with title defects on Missouri property can feel stressful and confusing. Whether you are facing a property ownership dispute in Missouri, trying to clear a cloud on your title, or preparing to sell or refinance, getting the right legal help can make all the difference.

Kreitler Law Firm, LLC can review your situation, explain your options, and help you move forward with confidence. You do not have to let an unresolved title issue hold you back from using or enjoying your property.

Contact us today to learn how a quiet title action can protect your property and peace of mind.

 Book your appointment now and take the first step toward a clear title.

Disclaimer: The information provided on this blog is for general informational purposes only and does not constitute legal advice. Always consult with a qualified attorney regarding your specific situation. Your particular facts and circumstances may alter conclusions derived from information contained in this blog. The author assumes no liability for any errors or omissions in the content and is not responsible for any damages resulting from the use of this information.

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