Quiet Title and Partition | Boulder Real Estate Attorney
A quiet title action or an action to quiet title is a proceeding to establish title to land (improved or unimproved). In some circumstances, such as the sale of a piece of real estate due to unpaid taxes or adverse possession, a quiet title action is required to make the plaintiff’s title to the parcel of real estate marketable (and therefore warrantable). Water rights are properly established using the same legal mechanisms because water rights are conveyed in the same manner as land in Colorado.
Prior to filing a quiet title action, it is necessary to determine the precise nature of any potential defects in title. If such defects can be remedied using another, simpler approach such as the execution and recording of corrective deeds or other remedial documentation, then those steps should generally be taken in lieu of filing a quiet title action. The factors to consider when determining whether a quiet title action is appropriate under a particular set of circumstances vary substantially from one case to another. There is no substitute for expert advice and representation from a competent real estate attorney.
Partition actions divide up a piece of real estate. Co-owners of properties, whether by tenancy in common or joint tenancy, have the right to partition their property if they no longer desire to have an ownership interest in it. If co-owners are able to come to an agreement they can divide up the property without the supervision of a court. When co-owners cannot come to an agreement, however, a partition action must be filed and the court overseeing the action will be responsible for making a final determination as to how the real estate will be divided and, if a partition by sale is deemed necessary, how the proceeds will be apportioned.
If you believe you need a court decree from a quiet title action to establish title to your property or need to partition your property by sale or in kind and are looking for a Boulder Real Estate Attorney with a results oriented approach tailored to your matter’s specific needs, contact Newell Law. We have the experience and knowledge to achieve the best results possible for your case.