Why File?
If you are in possession of real property—or a person claiming title to vacant or unoccupied
property—you may be able to sue anyone who claims, or may or could claim, an adverse estate,
interest, or lien on that property. In South Carolina, a quiet title action is appropriate when
someone has a present or potential adverse claim, interest, estate, or lien affecting real property
and the person seeking to establish title needs a court judgment determining the parties’
respective rights. The court determines the ownership of the real property or land and eliminates
any other adverse claims, liens, or other clouds on the title.
Who can file?
Property owners, heirs, real estate investors are among the many individuals who can file a quiet
title action. South Carolina provides a broad list of potential plaintiffs to include:
The record owner whose deed or title is being challenged.
A person claiming ownership through a deed, inheritance, adverse possession,
foreclosure, tax sale, etc.
A person in possession of the property, including possession through a tenant.
A person claiming title to vacant or unoccupied property.
Potentially an heir, estate, trustee, LLC, or other entity that holds or claims the property
interest.
The plaintiff must have a legally cognizable claim to the property; the statute then permits the
plaintiff to bring the action against persons asserting adverse claims.
When would you file?
Some of the most common situations which would make a quiet title action useful include:
Situation Quiet title potentially
appropriate?
Old deed creates a break in the chain of title Yes
Heirs may still have an ownership interest Yes
Property was inherited but title was never properly
transferred Yes
Deed contains a defective or questionable conveyance Yes
Forged or unauthorized deed appears in the chain Yes
Situation Quiet title potentially
appropriate?
Boundary/ownership dispute Potentially
Prior owner’s interest creates a cloud on title Yes
Tax-sale purchaser has a title problem Often
Foreclosure creates uncertainty about title Potentially
Unknown heirs or claimants may have an interest Yes
Old lien or other interest appears to affect ownership Potentially
Someone merely refuses to sell you property Generally no
A valid lien exists and you simply don’t want it there Generally no
If you own or think you own real estate and believe there could be an actual or possible claim
against the title or your legal ownership of that real property, a quiet title action may be
necessary and beneficial to you. We charge a flat fee for the legal services and provide you with
details on the costs associated with the action to include filing fees, title search fees, process
service fees, publication fees, and possible survey fees if there are boundary issues.
Get peace of mind and secure your property today, protect your assets for heirs and make sure no
one else has an unknown claim to your property.
Please call Metts Law Firm at 803-929-0577 today for a consultation to discuss your case and
your legal options.