News & Analysis as of

Action to Quiet Title Property Owners

Kaufman & Canoles

Court of Appeals of Virginia Holds Possession Under Mistaken Belief Can Establish the Requisite Hostile Possession for a Claim of...

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Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more

Rivkin Radler LLP

The Title Reporter: A Legal Update for the Title Insurance Industry -Winter 2024

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Here is what we cover in this issue of Title Insurance Update Winter 2024: •The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled...more

Gray Reed

Court Addresses Questions in Trespass to Try Title/Adverse Possession Suit

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Fletcher v. Merritt resulted in several rulings on the proof required to prevail in a property dispute. Merritt filed a trespass to try title suit (actually a quiet title, which the court construed as TTT) against Fletcher...more

Patton Sullivan Brodehl LLP

Relying on a Void Quiet Title Judgment — Redux

In May 2021, Money and Dirt covered a case published by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. — holding that under Code of Civil Procedure section 764.060 (part of California’s Quiet...more

Epstein Becker & Green

Jurisdictional or Nonjurisdictional? That Is the Question: SCOTUS Today

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The Supreme Court issued a single opinion yesterday. Wilkins v. United States concerns a property rights dispute between the federal government and two owners of land near the Bitterroot National Forest in rural Montana to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Wilkins, et al. v. United States

On March 28, 2023, the U.S. Supreme Court decided Wilkins, et al. v. United States, No. 21-1164, holding that the Quiet Title Act’s 12-year limitation period is a “nonjurisdictional claims-processing rule” that does not...more

Rivkin Radler LLP

The Title Reporter — Spring 2023

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly...more

Roetzel & Andress

One Less Way for Ohio Landowners to Challenge Royalty Severances

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On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed...more

Rivkin Radler LLP

The Title Reporter — Fall 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the...more

Patton Sullivan Brodehl LLP

Deed Language Defines the Scope of a Reserved Easement

Under California law, a grant deed is generally understood to transfer the entire fee title interest in real property, unless it expressly states otherwise.  (See, e.g., Civil Code sections 1105 and 1113.) If the seller wants...more

Gray Reed

Try Title vs. Quieting Title: What’s the difference?

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If you aren’t quite sure about the difference between trespass to try title and suit to quiet title, Lockhart as Tr. of Lockhart Fam. Bypass Tr. v. Chisos Mins., LLC  explains. ...more

Patton Sullivan Brodehl LLP

A Notice of Trustee’s Sale Does Not Necessarily “Disturb Possession”

Flashback: Five years ago, Money and Dirt covered the Salazar v. Thomas opinion from California’s Fifth District Court of Appeal holding that a Notice of Default does not “disturb possession” sufficiently to start the...more

Amundsen Davis LLC

What Is Quiet Title Anyway?

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Quiet title actions are among the most misunderstood lawsuits in Missouri, and are often filed for the wrong reasons. Title companies may require unnecessary quiet title lawsuits. How do we demystify the quiet title action in...more

Snell & Wilmer

Mortgagee-Protection Clauses Are Not Dead in Nevada Nonresidential Property Owners’ Associations

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For the last several years, there has been a tremendous amount of litigation in Nevada arising from residential foreclosure sales conducted by homeowners’ associations (HOA). The main issue in those cases has been whether the...more

Steptoe & Johnson PLLC

Pennsylvania Court Rules that State Owns Minerals under Turnpike

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On March 5, 2019, the Pennsylvania Commonwealth Court issued an opinion in O'Layer McCready v. Dep't of Cmty. & Econ. Dev., No. 778 C.D. 2018, _ A.3d _ (Pa. Commw. Ct. Mar. 5, 2019), affirming a Board of Property ruling that...more

Snell & Wilmer

Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

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In Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days...more

Pullman & Comley, LLC

Appellate Court Notes

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- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

Hinshaw & Culbertson LLP

Vineyard's Attorney Fees Claim Turns Into Sour Grapes

In Belle Terre Ranch Inc. v. Wilson, 2015 DJDAR 506, the California Court of Appeal for the First Appellate District decided an agricultural trespass action involving an attorney fees claim....more

Snell & Wilmer

ABOR Fences Out a Property Owner’s Quiet Title Action

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In May of last year, the Arizona Court of Appeals determined that “the statute of limitations does not run against a plaintiff in possession who brings a quiet title action purely to remove a cloud on the title to his...more

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