How do I clear a clouded title?

Question

I am looking at purchasing land and then subdividing it but the title to the land is "clouded". What is a "clouded" title and how do I get it cleared? I've also heard that this can be expensive. How much does it cost and how long does it take to clear a title?

Answer 1

Saying there is a "cloud" on the title means that the absolute ownership is not definite.

Usually you can clear it by filing a Quiet Title action, where the court first determines you've taken the right steps to warn everyone that might have an interest in the land what you're doing, looks at the land records and any other facts, and hopefully finally says "The Land is fully vested in A".

How much it costs depends on the nature of the cloud. Have a lawyer look at your facts and they will give you a better estimate.

Answer 2

If you are buying the land..The title company your using should walk you through this..A "cloud" is simply something on the title that is not legal or has not been removed (ie: land use or liens)..You DO NOT want to buy land that does not have a "clear" title..That can mean BIG problems down the road..Talk to your title company..I am sure they are working on it..This should be at the expense of the seller..NOT the buyer's problem..Unless, of course, you go ahead and buy it that way...DON'T!!