quieting title

quieting title
An action or suit in court designed to effect a removal of a cloud or clouds on title to real property, known in older times as a bill qui timet. Sharon v Tucker, 144 US 533, 36 L Ed 532, 12 S Ct 720. A remedy, originating in equity, enlarged and supplemented in many jurisdictions by statute, having for its purpose an adjudication that a claim of title to or an interest in property, adverse to that of the plaintiff, is invalid, so that the plaintiff and those claiming under him may be forever afterward free from any danger of the hostile claim. 44 Am J1st Quiet T § 1.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • title — ti·tle n [Anglo French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a: the means or right by which one owns or possesses property; broadly: the quality of …   Law dictionary

  • removal of cloud on title — See cloud on title; quieting title …   Ballentine's law dictionary

  • action to quiet title — See quieting title …   Ballentine's law dictionary

  • suit to quiet title — See quieting title …   Ballentine's law dictionary

  • cloud on title — An outstanding instrument, record. claim unreleased encumbrance, or defectively executed deed in the chain of title, which superficially renders the title doubtful but is actually illegal or unenforceable for want of equity in enforcement and of… …   Ballentine's law dictionary

  • Declaratory judgment — A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.[1] In… …   Wikipedia

  • determination of adverse claims — A statutory remedy for the determination of adverse claims to real property which is an enlargement upon the equitable remedies of quieting title and removing a cloud on title; designed to afford an easy and expeditious mode of quieting title to… …   Ballentine's law dictionary

  • quiet — qui·et 1 adj: free from disturbance, interference, or dispute (as from an adverse claim) quiet enjoyment of property quiet 2 vt: to establish or make (title) secure by means of an action that produces a final determination of the respective… …   Law dictionary

  • adverse claim — As respects adverse possession, a claim to possession which is hostile to the true owner. In mining law, a formal assertion of an adverse claimant made under oath and filed in the United States land office pending an application for a patent.… …   Ballentine's law dictionary

  • bill of peace — A bill filed to procure repose from repeated litigation and one of the earliest instances in which chancery courts entertained jurisdiction on the ground of preventing a multiplicity of suits. 19 Am J1st Eq § 81. See quieting title …   Ballentine's law dictionary