How to File an Action for Quiet Title in Arkansas:
Please note: the steps provided here are for informational purposes, only. Most Action to Quiet Title cases are complicated and require the assistance of an experienced real estate attorney.
1. Begin by filing a petition entitled “Action for Quiet Title” with the clerk of the circuit court of the county where the property is located.
In your petition, describe the land and state the facts showing that you have a right and title to this property, and that no one is adversely possessing the property.
2. Identify all persons (or entities) that have a potential interest in the property.
You may need to search the following records, in order to identify persons who are entitled to notice of an Action for Quiet Title:
- Land title records in the office of the county recorder
- Tax records in the office of the county collector
- Tax records in the office of the county assessor
- Records of the probate court for the county in which the property is located
- Voter registration records maintained by the Secretary of State
- Partnership records filed with the county clerk
- Business entity records filed with the Secretary of State
3. Provide adequate notice to all persons that have a potential interest in the property.
Send two copies of notice by certified mail to the last known address of each person entitled to receive notice:
- Addressed by name to the person, and
- Addressed to “Occupant.”
If the certified mail is returned undelivered, send a second notice via regular mail.
Post a notice of your pending action to quiet title conspicuously on the property in question.
4. If you have knowledge of any other persons who have, or claim to have, interest in the property, those persons shall be summoned as defendants in the case.
What if you cannot locate the defendant?
You will need to publish a Warning Order in the newspaper.
5. Wait 30 days.
Once all required persons have been notified of your Action to Quiet Title, those persons will usually have thirty (30) days to respond. There are exceptions to this 30 day rule.
6. Go to Court.
If all of the above requirements have been completed and no defendant has responded, you may ask the Court to issue a Decree to Quiet Title.
One again, please note: the steps provided here are for informational purposes, only. Most Action to Quiet Title cases are complicated and require the assistance of an experienced real estate attorney.
If you need assistance with your Action to Quiet Title in Arkansas, please contact The Hardin Law Firm, PLC. For our out-of-state clients, we are available via phone, fax, and email, to assist you with your real estate needs.
ATTORNEY: Learn more about our Attorneys and Staff.
SERVING: Cabot, Beebe, Ward, Searcy, Jacksonville, Lonoke County, White County, Faulkner County, and other central Arkansas areas. We also routinely serve out-of-state property owners, who require representation in Arkansas.
DISCLAIMER: The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
Last updated: June 13, 2016 at 18:44 pm