In 1889, the California Supreme Court stated that an action for quiet title "is for the purpose of stopping the mouth of a person who has asserted or is asserting a claim to the plaintiff's property." Castro v. Barry, 79 Cal. 443. The present statute for quiet title may be found in California Code of Civil Procedure Section 760.010, et seq.

Generally speaking, a quiet title action is a remedy available for a person to clear title to real property against any kind of interest or adverse claim. "The purpose of the action is to eliminate the adverse claim and to establish, perfect, or 'quiet' the title of the property in one or more of the claimants." This action is different from one to remove a cloud on title by cancellation of an instrument or for reformation. 9 California Real Estate 2d 436, et seq. (Miller & Starr, 1990).

An action for quiet title may be brought when one wants to establish title by adverse possession or acquire an easement by prescription.

CAVEAT: Please consult an attorney for legal advice. Laws in the United States differ from one jurisdiction to another. Any law stated herein is for educational purposes only and may not apply to your particular circumstance.

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This document was last revised on February 28, 2005.


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