Actions to Quiet Title in Pennsylvania
An action to quiet title may be brought:
(1) to compel an adverse party to commence an action of ejectment;1
(2) where an action of ejectment will not lie, to determine any right, lien, title, or interest in the land or to determine the validity or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;2
(3) to compel an adverse party to file, record, cancel, surrender, or satisfy of record, or admit the validity, invalidity, or discharge of any document, obligation, or deed affecting any right, lien, title, or interest in land;3 or
(4) to obtain possession of land sold at a judicial or tax sale.4
Generally, an action to quiet title is designed to determine a dispute over the title to real estate of which the plaintiff is in possession;5 conversely, if the defendant is in possession of the subject property, an action to quiet title ordinarily is barred, because an action of ejectment is the proper remedy.6 An out-of-possession plaintiff may not maintain an action to quiet title because it constitutes an enlargement of that party's substantive rights as defined by statute, thus exceeds the court's jurisdiction to proceed.7
There is no precise definition of what constitutes "possession" of real property for purposes of determining whether a plaintiff is out of possession and thus not entitled to maintain an action to quiet title; a determination of possession is dependent upon the facts of each case, and to a large extent upon the character of the land in question. In general, "actual possession of land" means dominion over the property; it is not the equivalent of occupancy.8
Observation: There are situations, however, where an action to quiet title may be brought by a plaintiff not in possession, such as where the plaintiff is only an equitable owner of the property and has no present right to possession.9 In addition, an action to quiet title can be utilized by a lessor against a lessee who is in actual possession under a written lease.10 An action to quiet title, therefore, may be authorized regardless of whether the plaintiff is in possession of the subject property.11
In keeping with its underlying purpose of unifying into one single procedure all the diverse procedures by which clouds on title were tried formerly, an action to quiet title provides a full and complete remedy for the removal of every type of cloud on a title to real estate.12
In particular, actions to quiet title are available to:13
• determine any right, lien, title, or interest in land
• determine the validity of any document, obligation, or deed affecting any right, lien, title, or interest in land
• determine the discharge of any such document, obligation, or deed
• compel an adverse party to file or record any such document, obligation, or deed
• compel an adverse party to cancel or surrender any such document, obligation, or deed
• compel an adverse party to satisfy of record any such document, obligation, or deed
• compel an adverse party to admit the validity of any such document, obligation, or deed
• compel an adverse party to admit the invalidity of any such document, obligation, or deed
• compel an adverse party to admit the discharge of any such document, obligation, or deed
CUMULATIVE SUPPLEMENT Cases: An action to quiet title is designed to resolve a dispute over the title to real estate of which the plaintiff is in possession. Woodhouse Hunting Club, Inc. v. Hoyt, 2018 PA Super 78, 183 A.3d 453 (2018). [END OF SUPPLEMENT] Westlaw. © 2019 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
Footnotes 1 Pa. R. Civ. P. 1061(b)(1), discussed in § 120:142. As to actions of ejectment, generally, see §§ 120:1 to 120:29. As to a comparison of ejectment and quiet title actions, see § 120:2. As to procedure in ejectment proceedings, see §§ 120:30 to 120:126. 2 Pa. R. Civ. P. 1061(b)(2), discussed in § 120:144. 3 Pa. R. Civ. P. 1061(b)(3), discussed in § 120:150. 4 Pa. R. Civ. P. 1061(b)(4), discussed in § 120:147. 5 Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Seven Springs Farm, Inc. v. King, 235 Pa. Super. 450, 344 A.2d 641 (1975). 6 Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955); Bruker v. Burgess and Town Council of Borough of Carlisle, 376 Pa. 330, 102 A.2d 418 (1954); Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Versailles Tp. Authority of Allegheny County v. City of McKeesport, 171 Pa. Super. 377, 90 A.2d 581 (1952). As to actions of ejectment, generally, see §§ 120:1 to 120:29. As to a comparison of ejectment and quiet title actions, see § 120:2. 7 Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996); Plauchak v. Boling, 439 Pa. Super. 156, 653 A.2d 671 (1995). 8 Moore v. Duran, 455 Pa. Super. 124, 687 A.2d 822 (1996). 9 City of Philadelphia to Use of Eastern Asphalt Co. v. Kelly, 78 Pa. D. & C. 445, 1952 WL 4255 (C.P. 1952); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955). 10 Deaven v. School Dist. of West Hanover Tp., 1 Pa. D. & C.2d 293, 1955 WL 5061 (C.P. 1955); Brennan v. Shore Bros., 380 Pa. 283, 110 A.2d 401 (1955). 11 McCullough v. Main Line Federal Sav. and Loan Ass'n, 75 Pa. D. & C.2d 442, 1976 WL 17458 (C.P. 1976); Hanson v. Berenfield, 24 Pa. D. & C.2d 361, 1961 WL 6394 (C.P. 1961). 12 Valente v. Northampton Nat. Bank of Easton, 2 Pa. D. & C.3d 623, 1976 WL 459 (C.P. 1976); Roskwitalski v. Reiss, 338 Pa. Super. 85, 487 A.2d 864 (1985). 13 Goodrich-Amram § 1061(b):2 (2d ed.).
