A quiet title action aims to resolve any doubts about ownership and rights to a property. It eliminates any "clouds" on the title arising from apparent claims, such as an invalid deed or other instrument, potentially affecting marketability. Quiet title actions establish clear title, allowing the owner to freely use, mortgage, or sell the property.
I. Legal Framework
The legal basis for quiet title actions in New York is found in the Real Property Actions and Proceedings Law (“RPAPL”). The RPAPL outlines the circumstances under which an individual or entity can file a quiet title action, the necessary parties to such an action, and the procedural requirements for doing so. Quiet title actions in New York are governed by RPAPL Article 15, which specifically addresses the adjudication of claims to real property.
II. Quiet Title Action
In New York, a quiet title action is typically initiated through a plenary action rather than a special proceeding, due to the complexities involved in establishing a clear title against all possible claims and interests. To commence the action, the plaintiff must file a Summons and Complaint in the county where the property is located.
RPAPL §1501(1) provides that any person who claims an estate or interest in real property may maintain an action against any other person to compel the determination of any claim adverse to that of the plaintiff which the defendant makes, or which it appears from the public records, the defendant might make. Castro v. Castro, 2019 N.Y. Misc. LEXIS 36808 (NY Sup Ct, Queens County 2019).
The plaintiff in a quiet title action bears the burden of proving their claim by a preponderance of the evidence. White Sands Motel Holding Corp. v Trustees of Freeholders & Commonalty of Town of E. Hampton, 142 A.D.3d 1073 (2d Dept 2016). To maintain an equitable quiet title claim, a plaintiff must allege actual or constructive possession of the property and the existence of a removable cloud on the property, which is an apparent title, such as in a deed or other instrument, that is actually invalid or inoperative. Gonzalez v. Milshtein, 2021 N.Y. Misc. LEXIS 42671 (NY Sup Ct, Bronx County 2021).
For summary judgment in a quiet title action, the movant must establish, prima facie, either (1) that they hold title, or (2) that the nonmovant's title claim is without merit. If the movant meets this initial burden, the nonmovant must then demonstrate a material issue of fact requiring trial. Rochester Gen. Long Term Care, Inc. v. Siplin, 2022 NY Slip Op 50989(U) (NY Sup Ct, Monroe County 2022).
III. Filing of a Lis Pendens or Notice of Pendency
A lis pendens, Latin for "pending suit," is a notice filed in the public record that a lawsuit involving a claim to a property is pending. In the context of quiet title actions in New York, the filing of a lis pendens serves as a formal notice to all interested parties that a dispute over the title of the property is currently being litigated. This notice effectively prevents any party from acquiring an interest in the property without being subject to the outcome of the quiet title litigation.
The filing of a lis pendens is governed by Article 65 of the New York Civil Practice Law and Rules (CPLR). It is typically effective for three years from the date of filing. If the quiet title action has not been resolved within that period, the filing party can request an extension.
IV. Adverse Possession
Where a party acquires title to a property by occupying for longer than the limitation period for an ejectment action, this is called “adverse possession”. It may be invoked to establish ownership to a property or an easement for its limited use. Adverse possession claims are frequently adjudicated through quiet title actions. In New York, a party asserting title by adverse possession must establish that the possession was hostile and under a claim of right, actual, open and notorious, exclusive, and continuous for the statutory period. Penn Hgts. Beach Club, Inc. v. Myers, 42 A.D.3d 602 (3d Dept 2007); Marks v. Gaeckle, 199 A.D.3d 672 (2d Dept 2021). The statutory period for adverse possession is 10 years.
For a co-tenant to successfully claim adverse possession against another co-tenant, there must typically be an actual ouster or exclusion of the other co-tenant(s) from the property. When there is no actual ouster, “a cotenant may begin to hold adversely only after 10 years of exclusive possession. RPAPL 541’s statutory presumption, therefore, effectively requires 20 years – or two consecutive 10-year periods – of exclusive possession before a co-tenant may be said to have adversely possessed a property owned by tenants-in-common.” Myers v. Bartholomew, 91 N.Y.2d 630,635 (1998).
V. Judgement and Recording
A successful quiet title action in New York can result in a judgment that establishes the plaintiff's ownership of the property free and clear of other claims. In some cases, the court may also resolve issues related to property boundaries or easements as part of the quiet title action.
After obtaining a quiet title judgment, to ensure the judgment is recognized in public records, it must be recorded with the appropriate county's clerk office or the city register's office. For properties in New York City, documents are filed electronically through ACRIS (Automated City Register Information System). In other parts of New York State, the process may involve filing with the county clerk's office directly.
In New York City, once a document is filed through ACRIS, the information automatically gets updated in the Department of Finance’s records. This includes changes in ownership, liens, and encumbrances on the property. For properties outside of New York City, the local county clerk's office typically forwards the necessary information to the state or local Department of Finance or similar entity responsible for property records.
For future transactions involving the property, the recorded judgment will be reflected in title searches, providing assurance of the property's clear title status following the quiet title action.
Conclusion
Quiet title actions in New York are an essential legal mechanism for resolving property ownership disputes and clarifying title uncertainties. By navigating legal frameworks and adhering to procedural requirements, involved parties can effectively clear title clouds. This process not only secures property rights but also enhances marketability, ensuring that ownership can be freely exercised through development, financing, or sale. If you are involved in a dispute over ownership or easement rights, contact Sophie Wang or any of the attorneys at Muchmore & Associates PLLC for an initial consultation.
About Author
Sophie Wang graduated from the University of California, Berkeley School of Law in 2013, where she served as an editor of the Berkeley Business Law Journal. Sophie graduated summa cum laude with a Bachelor of Laws from East China School of Political Science and Law. Read more.
Questions? Contact us today.
Related Articles
