What is a quiet title action in Michigan?
In short, an action to quiet title is a lawsuit in a circuit court to determine interests in real property. This type of lawsuit is authorized by a statute, MCL 600.2932, and a court rule, MCR 3.411. The statute states "Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land, may bring an action ... against any other person who claims or might claim any interest inconsistent with the interest claimed by the plaintiff, whether the defendant is in possession of the land or not."
Pretty broad, right? The majority of quiet title actions concern boundary disputes and easements. Say you and I have adjoining properties on Lake Leelanau in Leelanau County. The lots are old, and I have a survey done and find that shed is on "my" land. You respond "No, that shed has been there since my grandpa put them up forty years ago, and that land is mine." Well, now we have a dispute that can be resolved by a quiet title action.
The example above illustrates something about a quiet title action--the statute alone doesn't create an interest in land, it just creates a method of determining the interests in front of the court. So, you must have some legal method of creating your interest--either you own the property by deed, or by some other legal method such as adverse possession, acquiescence, easement, or some other right. The quiet title action is the lawsuit you need to determine and enforce that right.
One important note about a quiet title action: the statute says "Actions under this section are equitable in nature." This gives the court broad discretion in giving relief. Case law has established that the Court should not only determine who has title and possession to the land, but it should also consider money damages if appropriate. This can mean that both parties have something to risk and something to gain. Take my example above. I might win a ruling that says the line is where my survey says it is. However, the court might also rule that I have been enriched by the shed you built, increasing the value of my property, so I have to pay you for the value of the shed. Anyone considering a quiet title action should carefully evaluate not only the chances of winning but also the effect of the court's possible equitable rulings on money damages. If you have questions regarding a quiet title action, please contact me.