My Grandparents’ Neighbor Got a Quiet Claim Title on My Grandparents’ Property and We Were Never Notified

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“My grandparents and my great aunt are the owners of this property. It  has been in their family for years but all they have is a quick claim deed obtained by my great aunt when her aunt gave it to her before she died.In 2005, the neighbor next to the property took all the unknown SUCCESSORS of this woman that happened to be all deceased ancestors that had the property  before my grandparents and great aunt. None of my living family was notified and all the case online says is quiet claime title.  I dont know what that means. I emailed the attorney listed as the acting attorney, and she claimes she didnt even work the case. How can I find out what happened and what rights we have.Why is it ok to take dead people to court and not notify their living relatives?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

I’m not quite sure I understand your question.  However, I’m guessing that the neighbor filed what is known as a Quiet Title action, which is a request that a court “quiet” (that is, resolve and remove disputes regarding) the title to a particular property.

In general, a quiet title action needs to involve all the people who have any claim regarding that property, which normally means that those people would be served with the lawsuit.  However, because of the nature of a quiet title action, the law gives some allowance for the fact that there may be unknown claimants, who may need to be served indirectly, usually by publishing notice in the local newspaper.

To answer your direct quesiton, the quickest way to find out what happened (since you’ve already had no luck calling the attorney) would be to go to the court and look at the file.  As for what your (or your family’s) rights might be, that can often be a very complicated question, so the best I can suggest is to consult with your own attorney.  The sooner you do this, the better, as your rights could be time sensitive.

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Author: House Attorney

A house attorney has answered this question.