How to Bring a Boundary Dispute to an End
- 1). Understand what an "action to quiet title" is before filing it. It's an action in which parties are seeking to clear up any "clouds" over the title that have given rise to disputes and conflict. Many times, actions to quiet title involve some sort of forged or inaccurate deed in which a parcel of land ostensibly belongs to two separate landowners. It's also a common action when a deed to land is ambiguous, antiquated or unclear as to boundary lines.
- 2). Collect all relevant documents and evidence in preparation for a quiet title action. The court must review all deeds, surveys, maps and documents relevant to determining the proper outcome of the boundary dispute. A copy of a deed to land can be obtained at the county recorder of deeds office, which is required by law to maintain all land records. Land-sale contracts are also helpful in the determination of boundary disputes.
- 3). Draft a petition to quiet title. The petition must set forth the specific "clouds" on the property and why the court should decide the boundary dispute in favor of the petitioner (the person submitting a petition to quiet title). If another landowner is claiming that a parcel of land belongs to him, be sure to identify the conflicting property and the precise locations giving rise to the dispute. It's encouraged, if not expected, that parties to a quiet title action will submit maps and documents with the petition because the court must review them in order to make a decision.
- 4). Submit the petition to quiet title and all relevant documents to the court clerk in the county in which the land sits. The clerk will briefly review the documents for completeness and will ensure the petitioner has signed the petition. From there, the court will arrange for service upon the conflicting party. Once all parties have been served copies of the quiet title action, the court can set a hearing date upon the docket for review and a final decree will be ordered.
- 5). Attend the quiet title hearing. It will serve to resolve all land disputes between the landowners. The final decree will set forth the nature and extent of the petitioner's land and shall operate directly on the land. The judgment shall operate against any subsequent claimants to the land claiming title or producing an inconsistent land deed.
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