translate
Blog

Researching Quiet Title in Pennsylvania

According to Black's Law Dictionary, an action in quiet title is "a proceeding to establish a plaintiff's title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it" (Black's Law Dictionary, 10th ed. 2014).

Jenkins has several resources in its collection that may be helpful when researching quiet title. Looking for forms? Dunlap Hanna, the classic Pennsylvania form book set, covers quiet title actions in chapter 193 and includes forms such as: Complaint to Compel Adverse Party to Commence Action of Ejectment; Complaint to Determine Right, Lien, Title or Interest in Land; Order Determining the Validity of a Deed; and Motion for Default Judgment to Quiet Title. Dunlap Hanna is available both in print and on the Lexis stations in the library. Other form sets may be helpful as well. In West's Pennsylvania Forms see Civil Procedure - sec. 16:10 et seq. for a selection of forms related to quiet title including Action to Compel Satisfaction of Mortgage and Action to Obtain Possession of Land Sold at Judicial Sale. This set may be found at Jenkins in print or on the Westlaw stations in the library. Also, check out Pennsylvania Legal Forms, available to Jenkins' members on their desktops. This database includes, among other items, a Sample Letter for Summons and Petition to Quiet and Confirm Title and Praecipe in Action to Quiet Title.

For background on quiet title actions, try Standard Pennsylvania Practice, sec.120:138 et. seq. (available on the library's Westlaw computers or in print); Goodrich Amram, sec. 1061(a):1 et seq. (available on the library's Westlaw computers or in print); or Pennsylvania Law Encyclopedia, Property sec. 921 et. seq. (available on the library's Lexis computers, on LexisNexis Digital, or in print). Continuing legal education publications like Quiet Title: A Puzzle Worth Solving (PBI) and Quiet Title Actions in Pennsylvania (NBI) may also be helpful.

Those researching quiet title should keep in mind that court rules (state and county), statutes, and case law should also be consulted. For example, Pennsylvania Rules of Civil Procedure 1061 et seq deals with Action to Quiet Title.

More items may be found by searching our catalog. Want to borrow any of the titles mentioned above? They can be borrowed through our Free Book Pulling service. Need additional help? Ask us!