Legal Question in Real Estate Law in New Jersey

Re: How do i file for quiet title?

I would suggest doing a title search to make sure there are no outstanding liens against the property. Than you can file for a quiet title. This is really something an attorney should handle on your behalf.

If you would like to discuss, I can be reached at 201-646-9600.

savy grant

attorney at law

Re: How do i file for quiet title?

Best is to have a title company do a 60-year search, for starters. This should indicate the property has been in the family that long. Also check the local tax records which may go back father. You will also need death certificates of the interim heirs to verify your current status as the sole owner by inheritance or intestacy. Were there any other siblings of your gransmother who could have inherited? You really need a good real estate attorney and a good title company. Sorry, there will be costs, but necessary to assure your good ownership.

Re: How do i file for quiet title?

An action to quiet title is something most attys in NJ either haven't done, or have done VERY infrequently. However, it isn't so complicated that any competent NJ atty shouldn't be able to do it. You however may find it daunting and difficult on your own. First, I'd get a title search back until you find title, and check for liens, easements, anything related to the property. Then, refer to NJ Rule R.4:62, which I have pasted in below for you. The problem is you do not know WHO to name as defendant. You will need to make application to the Court to allow public notice to any potential interested party as a substitute for actual notice by service. This one will likely be too complicated to handle alone. I do work in MErcer County, so if you decide you want help, you can call me at 732-525-8200.

Good luck!

RULE 4:62. QUIET TITLE

4:62-1. Complaint

The complaint in an action in the Superior Court authorized by statute to quiet and determine title and claims to property, real or personal, or any right or interest therein, shall state the manner in which plaintiff either acquired title or the right to possession and shall describe the property with such certainty that the defendant will be distinctly apprised of its location or character, and a judgment affecting the same may be entered according to that description.

Note: Source-R.R. 4:80-1.

4:62-2. Answer

If a defendant to such an action claims any title, interest, estate, lien or other right in the property, or any part thereof, the answer shall set forth such facts with specificity and also the manner in and the sources through which said claim is held and derived.

Note: Source-R.R. 4:80-2; amended July 13, 1994 to be effective September 1, 1994.

4:62-3. Tender; Deposit in Court

The Attorney General need not, on behalf of the State, make or offer to make any tender or payment into court either on or before filing a complaint seeking to settle the title to riparian lands or lands under water.

Note: Source-R.R. 4:80-3.

4:62-4. Judgment by Default or for Failure to Appear

If in any such action judgment is sought either for failure of the defendant to plead or appear at trial or upon the filing of a disclaimer or the withdrawal of an answer, the allegations of the complaint may, if the court permits, be proved by affidavit.