The purpose of quieting title is to establish clear title against adverse claims to real property or any interest in the real property. Cal. Civ. Code § 760.020. Accordingly, a quiet title action is a legal proceeding where a person or entity (Plaintiff) claims title to all or a portion of specific real property and asks the Court for a ruling that Plaintiff’s title is superior to any interest that is claimed by the Defendant(s).

• Boundary Disputes – This usually arises when adjoining property owners disagree as to the location of the boundary line between their properties.
• Discrepancies/Errors on a Deed – There may be a clerical error on a deed that needs to be resolved.
• Easement on a Property – A person may seek to establish the rights and duties as to an easement on a property.
• Claims by Lien-holders – There may be claims against the property for unpaid property taxes or for an outstanding Deed of Trust that does not appear to have been discharged.

A quiet title action must be brought in the superior court of the county in which the real property is located. Once the action is before the court, the court has complete power to determine title issues. [Code Civ. Proc. §§760.040, 760.050].

Pursuant to California Code of Civil Procedure § 761.020, a complaint to quiet title in California must be verified and contain:

A description of the property that is the subject of the action;

1. The title of the Plaintiff as to which a determination of quiet title is sought;
2. The adverse claims to Plaintiff’s title;
3. The date as of which the determination is sought; and
4. A prayer for the determination of Plaintiff’s title against the adverse claims.

In addition, a Plaintiff seeking to quiet title against a person who has legal title to a property bears the burden of proving title by clear and convincing proof. Cal. Evid. Code § 662. However, when the quiet title action involves a dispute as to which party has legal title to a piece of real property, the standard of proof is determined by the preponderance of the evidence. See Murray v. Murray (1994) 26 Cal.App.4th 1062.

A plaintiff seeking to quiet title against a person with legal title to property has the burden of proving title by clear and convincing proof, rather than by the preponderance of evidence usually used in civil cases. [Evid. Code §662] Evidence Code §662 does not apply when legal title itself is disputed. In that case, factual issues are determined by the preponderance of the evidence standard of proof.

A judgment in an action to quiet title is binding and conclusive on all persons known or unknown who were parties to the litigation and who have a claim to the property. [Code Civ. Proc. §764.030] The judgment will not affect title of a person who was not a party to the action if their claim was of record or if the claim was actually known, or should reasonably have been known, to the plaintiff. [Code Civ. Proc. §764.045]