In Illinois, there are occasions where an owner of a property may encounter issues with the title, making it impossible for them to sell, pass it along to their heirs or do what they want with it. If you are having a title dispute, here’s what you need to know about when and how to file a lawsuit.
Quiet title action
There are two parties involved in a quiet title action in Illinois: the plaintiff and the defendant. The plaintiff is the person trying to establish ownership of a parcel of land whereas the defendant is the person filed against.
If you’re considering filing, you will need to go to a court of law in Illinois. Upon filing, the court will give the defendant some time to respond. If they fail to, you will be granted a clear title.
When is a quiet title lawsuit necessary?
There doesn’t have to be a dispute to file for a quiet title lawsuit. However, some of the important times to file one include the following:
- When you are uncertain about your property boundaries – You may have a problem knowing where the exact borders of your real estate property are. This can happen because of an incomplete or sloppy survey or a dispute with your neighbor.
- When there are errors on the deed – The person creating your title deed can make clerical errors that affect you in the future if you fail to notice immediately. Whenever you receive your title deed, check to see if everything on it is right before you keep it.
- When dealing with the heirs of a homeowner – Usually, when a person with property dies in Illinois, the court will distribute that property to their heirs, sometimes selling it and dividing the proceeds among them. If you are interested in that piece of land, you will need to confirm that all heirs have agreed to sell it, and a quiet title lawsuit is the best way to do this.
- When there’s an easement of a property – There are some houses, especially in gated communities, where you are supposed to share something like a driveway with your neighbor. If this becomes a problem, you may need a quiet title lawsuit to determine the right ownership of that driveway.
A quiet title lawsuit can take weeks, months or even years to settle. This will depend on how complex your situation is.