As the purchaser of mineral rights in California, you want to know that the title is clear so you do not run into any disputes that could put your ownership rights at risk later. At Ehrlich – Pledger Law, LLP, we understand the many threats to a clear title, and how to uncover and eliminate them.
Common title issues include the following:
- Old liens on the property
- Deceased, unknown or unlocated claimants of interest in the property
- Surveying errors and subsequent boundary issues
- A lease attached to the property
- Ownership disputes arising from circumstances such as oral gifts or foreclosure
- Fraudulent transfer of the property
In these cases, a quiet title lawsuit allows you to declare your rights to the property through the court system. Although this process is a legal action, it does not necessarily involve a formal dispute or legal challenge. In fact, the process can be quite simple.
- Investigation of title
- Notification to all potentially interested parties
- Clearing of old liens and leases
- Obtaining a judge’s order to quiet the other parties’ ownership
It is important for you to be able to show that you did due diligence and thorough research in locating anyone who has a possible claim on the title. Because notification of unknown or unlocated claimants may be difficult or impossible, you may be able to achieve this through a public notice of your intent to clear the title published in a local newspaper. More information about the process involved in clearing a mineral title is available on our webpage.