Suits to Quiet Title

Charleston Suits to Quiet Title, Quiet Title Suits, or Quiet Title Actions | South Carolina Estate LitigationSuits to quiet title, or quiet title suits, characterize any lawsuit which seeks to establish ownership for a real estate property and often aims to prevent another party from claiming the title to this property. Some suits to quiet title can result from a lack title insurance, whereas others result from a complex web of personal, family and/or business disputes. In any case, suits to quiet title can follow from a myriad of legal issues ranging from, but not limited to:

Our Charleston estate litigation attorneys provide legal counsel to individuals, families and businesses and defend the ownership rights of our clients for an array of quiet title suit matters.

Understanding Adverse Possession

Another common trend in suits of quiet title is the argument of adverse possession. Adverse possession outlines a counterintuitive legal principle whereby a trespasser can actually gain legal ownership of a property- or portion of a property- that is not their own by simply using the property as if it were under their ownership. For instance, suppose Ryan decides to build a fence and this fence happens to encroach upon his neighbor’s property. This could be considered an act of trespassing and that neighbor would have full legal authority to charge Ryan with trespassing which would force Ryan to redo his fence. Suppose however that the neighbor does not file any charges and Ryan proceeds to paint the fence, mow the lawn and upkeep his new land for the next ten years. After this ten year period, the neighbor would now be unable to reclaim the land according to laws of adverse possession in South Carolina and Ryan would now have gained full ownership of the section of land on his side of the fence. Adverse possession is an important legal tool to understand in suits to quiet title as it can often affect the ownership rights of individuals and families in unexpected ways.