A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.
Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.
In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.
A New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants is a legal action initiated by an individual or entity claiming adverse possession rights over a property in New Mexico where the true owners are unknown. This type of legal action aims to obtain a court order to "quiet" or extinguish any conflicting claims and establish clear title to the property in favor of the adverse possessor. Keywords: New Mexico, Complaint to Quiet Title, Adverse Possessor, Unknown Defendants, legal action, property, clear title, court order, conflicting claims. Types of New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants: 1. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Residential Property: This type of complaint involves residential properties, such as houses, apartments, or condominiums, where the adverse possessor seeks to clarify ownership rights and obtain legal recognition as the true owner. 2. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Commercial Property: In cases involving commercial properties like office spaces, retail buildings, or industrial facilities, the adverse possessor may file a complaint to quiet title to protect their claim against unknown defendants and assert their right of possession. 3. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Vacant Land: When the disputed property is vacant land, such as undeveloped lots or agricultural fields, the adverse possessor can file this complaint to establish legal ownership and prevent any future claims by unknown parties. 4. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Historical Properties: In instances where the disputed property holds historical significance or cultural value, such as heritage sites or landmarks, the adverse possessor may utilize this type of complaint to safeguard their ownership rights and preserve the property's historical integrity. 5. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Mineral Rights: If the claim involves mineral rights associated with a property, the adverse possessor can file a complaint specifically addressing these rights and seek a court order to resolve any competing claims from unknown defendants. By filing a New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants, the adverse possessor aims to protect their possession rights, establish legal ownership, and remove any potential clouds on the title of the property. This legal action provides a mechanism for resolving disputes related to unknown defendants and clarifying ownership rights under New Mexico law.A New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants is a legal action initiated by an individual or entity claiming adverse possession rights over a property in New Mexico where the true owners are unknown. This type of legal action aims to obtain a court order to "quiet" or extinguish any conflicting claims and establish clear title to the property in favor of the adverse possessor. Keywords: New Mexico, Complaint to Quiet Title, Adverse Possessor, Unknown Defendants, legal action, property, clear title, court order, conflicting claims. Types of New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants: 1. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Residential Property: This type of complaint involves residential properties, such as houses, apartments, or condominiums, where the adverse possessor seeks to clarify ownership rights and obtain legal recognition as the true owner. 2. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Commercial Property: In cases involving commercial properties like office spaces, retail buildings, or industrial facilities, the adverse possessor may file a complaint to quiet title to protect their claim against unknown defendants and assert their right of possession. 3. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Vacant Land: When the disputed property is vacant land, such as undeveloped lots or agricultural fields, the adverse possessor can file this complaint to establish legal ownership and prevent any future claims by unknown parties. 4. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Historical Properties: In instances where the disputed property holds historical significance or cultural value, such as heritage sites or landmarks, the adverse possessor may utilize this type of complaint to safeguard their ownership rights and preserve the property's historical integrity. 5. New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants — Mineral Rights: If the claim involves mineral rights associated with a property, the adverse possessor can file a complaint specifically addressing these rights and seek a court order to resolve any competing claims from unknown defendants. By filing a New Mexico Complaint to Quiet Title by Adverse Possessor with Unknown Defendants, the adverse possessor aims to protect their possession rights, establish legal ownership, and remove any potential clouds on the title of the property. This legal action provides a mechanism for resolving disputes related to unknown defendants and clarifying ownership rights under New Mexico law.
