Question 1

What is a quiet title action?

Accepted Answer

A quiet title action is a lawsuit filed in district court to establish clear, undisputed ownership of real property. The court's judgment resolves all competing claims to the property and is recorded in the county recorder's office, creating a clear chain of title. Quiet title actions are used whenever there is a cloud on title that prevents the owner from selling, financing, or fully using the property.

Question 2

Who can file a quiet title action in Utah?

Accepted Answer

Any person who claims an interest in real property may file a quiet title action in Utah under Utah Code § 78B-6-1301. The plaintiff must have a colorable claim to ownership or an interest in the property. All parties who may have a competing claim to the property must be named as defendants and served with process.

Question 3

How long does a quiet title action take in Utah?

Accepted Answer

An uncontested quiet title action — where the defendants do not appear or contest the claim — may be resolved in 3 to 6 months. A contested quiet title action, where the defendants actively litigate their competing claim, can take 12 to 24 months or longer depending on the complexity of the title issues and whether the case proceeds to trial.

Question 4

What evidence is needed to win a quiet title action?

Accepted Answer

The evidence required depends on the basis for the claim. For adverse possession, you need evidence of open, notorious, continuous, exclusive possession for seven years and payment of property taxes. For deed defects, you need the chain of title documents showing the defect. For boundary disputes, you typically need a survey and evidence of the parties' historical treatment of the boundary line.

Question 5

Can I sell my property while a quiet title action is pending?

Accepted Answer

It is generally difficult to sell or finance property while a quiet title action is pending because the title is still clouded. Most buyers and lenders will not proceed until the quiet title action is resolved and the judgment is recorded. In some cases, parties can negotiate a sale contingent on resolution of the quiet title action.

Question 6

What happens if a defendant in a quiet title action cannot be found?

Accepted Answer

Utah law allows service by publication when a defendant cannot be located after diligent search. The plaintiff must publish notice of the action in a newspaper of general circulation in the county where the property is located for a specified period. If the defendant does not appear after proper service by publication, the court may enter a default judgment quieting title in the plaintiff.

Question 7

Does a quiet title judgment affect my property taxes?

Accepted Answer

A quiet title judgment establishes legal ownership of the property, which may affect how the property is assessed and taxed going forward. If the quiet title action involves a boundary dispute that changes the size of the parcel, the county assessor may reassess the property. We recommend consulting with a tax professional about the property tax implications of your quiet title action.

Question 8

Can I recover attorney fees in a quiet title action?

Accepted Answer

Utah generally follows the American Rule, under which each party pays its own attorney fees unless a statute or contract provides otherwise. However, if the opposing party's claim was frivolous or brought in bad faith, you may be able to recover fees under Utah Rule of Civil Procedure 11 or other sanctions provisions. We evaluate fee recovery options in every quiet title matter.

Quiet Title Lawyer Utah

Utah Quiet Title Attorneys

Quiet Title Claim Types

Adverse Possession Claims

Deed Defects & Chain of Title

Boundary-Based Quiet Title

Competing Heir & Estate Claims

Lien & Encumbrance Removal

Tax Sale & Foreclosure Title Issues

Frequently Asked Questions

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