Conventional Quiet Title
In Georgia, the Conventional Quiet Title legal process is used to cancel any “cloud” on the plaintiff’s title, and confirm the status of who owns the property. O.C.G.A. 23-3-40. A “cloud” on property means that another person or entity has or claims an apparent right in or to the property. O.C.G.A. 23-3-42. The plaintiff can show facts outside the “cloud” instrument to show it is invalid. O.C.G.A. 23-3-41.
To have another instrument cancelled, the plaintiff needs to prove three things:
(1) That the quiet title action is necessary to protect the plaintiff’s rights;
(2) That the “cloud” instrument throws a cloud or suspicion upon the plaintiff’s title;
(3) That the “cloud” instrument is harming the plaintiff, or that if the plaintiff does not bring the claim promptly, the evidence the plaintiff will later need to cancel the “cloud” instrument may be lost or impaired over time.
Only the plaintiff may request a special master be appointed, but this is optional. O.C.G.A. 23-3-43. Also, there is no jury trial; the judge makes the decision alone. O.C.G.A. 23-3-43.
Conventional Quiet Title is very useful to clear title after a tax sale, because the equity of redemption constitutes a “cloud” which can be removed through this process. O.C.G.A. 23-3-44.