Quiet Title in Georgia

quiet title

Whether you’re trying to get marketable title following a tax sale or trying to clear up a clouded title, the following is the minimum required to file a quiet title in Georgia:

(1) The filing party must own/hold title.

(2) There must be a cloud against the filing party’s title.

(3) For conventional quiet titles, the action must be filed in the Superior Court in the county where the adverse party lives. OCGA § 23-3-40.

(4) For quiet titles against all the world, the action must be filed in the Superior Court in the county where the land is located. OCGA § 23-3-60.

(5) The quiet title must be verified (signed under oath) by the filing party.

(6) The quiet title must include a description of the property, a description of the filing party’s interest in the property, any adverse claims on the property, a plat of survey, and a lis pendens.

(7) In a quiet title against all the world, the petition must be submitted to a special master, who examines the title, determines the interested parties, ensures the interested parties are served, holds a hearing, and issues recommendations to the court.

(8) All adverse parties who are known and whose residences are ascertainable by the sheriff or his deputy must be served; the filing party must make a diligent effort to identify and serve the adverse parties.

(9) Service by publication is permitted when the adverse party resides out of the state or if the residence is unknown.