Quieting of Title

Question 1

What is CLOUD ON TITLE?

Answer 1

It is semblance of title, either legal or equitable, or a claim or a right in a real property, appearing in some legal form but which is, in fact, invalid or which would be inequitable to enforce.

Question 2

What are the requisites to constitute a cloud on title? (476)

Answer 2

(a) There is an instrument, record, claim, encumbrance, or proceeding which is apparently valid or effective;
(b) Such IRCEP, is in truth and in fact, invalid, ineffective, voidable, unenforceable (despite its prima facie appearance of validity or legal efficacy); or has been extinguished or terminated, or has been barred by extinctive prescription.
(c) Such IRCEP, may be prejudicial to said title.

Question 3

ACTION TO QUIET TITLE

Answer 3

Broadly, it is a remedy or proceeding which has for its purpose an adjunction that a claim of title to realty or an interest thereon, adverse to the plaintiff, is invalid or inoperative, or otherwise defective and hence, the plaintiff and those claiming under him may be free from any hostile claim.

Question 4

What are the Requisites to an action to quiet title?

Answer 4

(a) The plaintiff/complainant has a legal or equitable title to, or interest in the real property which is the subject matter of the action;
(b) The deed, claim, or proceeding claimed to be casting cloud on his title must be shown to be, in fact, invalid or inoperative despite its prima facie appearance of validity or legal efficacy.