Month: May 2014

A Quia Timet Plaintiff must show either record title or prescriptive title

In a Georgia action for Quia Timet Against All the World, the petitioner must be able to show either that they have current record title, or that they have current prescriptive title.  But a mere expectancy is not enough. In

Posted in Quia Timet Against All the World

Can Quiet Title be used to remove an easement?

Yes.  Quiet Title be used to remove an easement. In the case of Wiggins v. Southern Bell Tel. and Tel. Co., 245 Ga. 526, 266 S.E.2d 148 (1980) the Georgia Supreme Court considered challenges to two easements in the context of

Posted in General

Do I need possession of the property to seek to quiet title?

Possession of the property must generally shown for a Georgia action for conventional quia timet (with exceptions), but possession does not need to be shown for quia timet against all the world in Georgia. For a traditional conventional quia timet action in equity, the

Posted in General

Who should pay the special master in a quiet title action?

The special master procedure used in a conventional quiet title action is the same as is used in an action to quiet title against all the world. O.C.G.A. 23-3-43. It is up to the Court to set “reasonable compensation” for

Posted in Special Master

Do I get a jury trial in a quiet title action?

Whether or not you get a jury trial in a quiet title action depends upon the type of quiet title action. In a conventional quiet title action, the Georgia Supreme Court has held that there is no right to a jury

Posted in General

Quiet title can be used to set aside a forged deed

If you own property, and someone forges a deed which purports to convey your interest in the property, what should you do? In 2010, the Georgia Supreme Court, in the case of Brock v. Yale Mortg. Corp., 287 Ga. 849, 700

Posted in Conventional Quiet Title

Do Georgia tax deeds ripen by prescription?

A tax deed can ripen by prescription, but the statute isn’t exactly what it seems. O.C.G.A. 48-4-48(b) provides that title under a tax deed executed after July 1, 1996 ripens 4 years after the tax deed is recorded in the land records.

Posted in Tax Deeds

How do you quiet title to an IRS Notice of Federal Tax Lien?

Often, when trying to quiet title to Georgia property, you will encounter an IRS Notice of Federal Tax Lien.  Determining how to serve the Internal Revenue Service (IRS) with a quiet title action can be difficult if you don’t know where

Posted in Service