Quiet Title Actions in Florida: Clearing Clouds on Property Ownership

Quiet title actions in Florida are lawsuits filed to resolve disputes about ownership of real property. These actions, rooted in common law and codified in Chapter 65 of the Florida Statutes, are sometimes called “quieting title,” “removing clouds from title,” or “clearing clouds from title.” The goal is to determine the true and proper owner of real estate when ownership is uncertain.

What Is a Quiet Title Action?

A quiet title action removes clouds on title—legal issues or conflicting claims that make ownership unclear. Common clouds on title include:

• Deeds with defects
• Void tax deeds or assessments
• Conflicting claims of ownership
• Old liens or encumbrances

Practitioners should note that statutes of limitations do not apply to the federal government in quiet title cases, meaning the U.S. can assert claims at any time.

Filing a Complaint to Quiet Title

A valid quiet title complaint in Florida must allege:

• Plaintiff’s title to the property.
• How the plaintiff obtained title (chain of title).
• The alleged defect or cloud on title.
• The defendant’s basis for claiming an interest.
• Why the defendant’s claim lacks merit.

Because quiet title is an equitable remedy, the complaint should also explain why no adequate remedy exists at law and why equitable relief is necessary.

Deraigning Title

Florida Statute § 65.061(3) requires plaintiffs to deraign title for at least seven years before filing suit, unless the court orders otherwise. This means setting forth:

• Book and page references of recorded instruments.
• Proof of title from an ultimate source.
• Evidence of adverse possession or superior title from a common source.

If both parties claim title from a common grantor or source, the plaintiff must prove superior title from that same source.

Description of Property in Quiet Title Judgments

To ensure clarity, the final judgment should describe the property using:

• Legal description
• Street address
• Parcel control number or tax identification number

This prevents future disputes and ensures that county records clearly reflect ownership.

Trial and Procedure

• Quiet title actions are equitable, but jury trials are available if requested by a party.
• If no party demands a jury, the case will proceed as a bench trial.
• Plaintiffs must prove actual ownership, not merely a right of use—a use right alone will not support a quiet title claim.
• Verification of the complaint is not required but may strengthen the plaintiff’s position.

Defenses and Limitations

• Recoupment (offset claims) is not a valid defense to quiet title.
• Written agreements or competing ownership claims may complicate proceedings.
• Plaintiffs must prove title; showing only that the defendant’s title is defective is not enough.

Attorney Fees in Quiet Title Actions

Florida law does not automatically provide for attorney fees in quiet title cases. Fees are awarded only if a contract or statute authorizes them.

Clearing Property Ownership with Quiet Title

Quiet title actions in Florida provide a critical legal remedy for resolving ownership disputes and clearing title defects. Whether the issue involves an old deed, a void tax sale, or competing claims, quiet title ensures the true owner’s rights are established and recorded.

If you are facing a cloud on your property title, consult a Florida real estate attorney. Legal counsel can guide you through deraignment of title, complaint drafting, and trial strategy to secure your property rights.

FAQs About Quiet Title Actions in Florida

1. What is a quiet title action?

It’s a lawsuit that clears defects or disputes over property ownership.

2. What are examples of clouds on title?

Defective deeds, tax deed issues, old liens, and competing ownership claims.

3. How long must I deraign title?

Florida law requires deraignment of title for at least seven years.

4. Can I request a jury trial in a quiet title case?

Yes, but only if a party specifically requests it. Otherwise, it’s a bench trial.

5. Are attorney fees recoverable?

Only if authorized by contract or statute.

For statutory details, visit Florida Statutes Chapter 65 – Quieting Title.