Lantana Quiet Title Attorney

A quiet title case in Palm Beach County is decided in the Fifteenth Judicial Circuit, and the judge will not rule on anything until the plaintiff has traced ownership of the land back at least seven years. That tracing requirement, called deraigning title, is where many do-it-yourself filings stall. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners in Lantana and across Palm Beach and Broward Counties, and a Lantana quiet title attorney from our firm can build that chain of title before a complaint is ever filed.

A quiet title action asks a court to declare who owns a piece of land and to wipe out competing claims. It is the tool owners use when a stranger’s deed sits in the record, when a former business partner still appears on title, when a lien or conveyance was never properly released, or when someone has occupied part of a lot for years and now claims it. In a town like Lantana, with older platted lots, waterfront parcels along the Intracoastal, and properties passed down through families, clouded title is a real obstacle to selling, refinancing, or settling an estate.

Why Choose the Andrew M. Schwartz Legal Team for a Lantana Title Dispute

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s difficult real estate and business disputes. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Title disputes often sit on top of a broken business relationship, and contract and partnership conflicts have been the center of his practice throughout his career.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, adds years of business and real estate experience in state and federal courts. The firm practices as a true legal team, so everyone working on your file knows it, and we keep a strict 24 hour return call policy. In November 2024 the firm announced a final judgment, issued after a five-day bench trial in Broward County Circuit Court, awarding a client specific performance of a commercial real estate contract in a 32-page ruling. That is the kind of document-driven, evidence-heavy trial work a contested title case demands.

Many of our clients own Florida property but live in New York, New Jersey, or Connecticut. We handle the local filings and court appearances so absentee owners do not have to travel for every hearing. Other attorneys also refer us title and partition matters, and we keep referring counsel informed throughout.

Situations That Lead to a Quiet Title Action

• Competing Deeds and Conveyances: Two parties hold instruments claiming the same land, or a person who is not the rightful owner holds a deed or other evidence of title. Florida’s chancery statute allows a suit to cancel that instrument and remove the cloud.
• Former Business Partners on Title: A partner or LLC member who left the company, or a dissolved entity, still appears in the public record. Clearing the record is often the last step of a business divorce.
• Inherited Property with Unclear Ownership: Siblings or distant relatives who inherited land together may hold undivided interests, and a missing heir or an unprobated estate can block a sale. Florida’s heirs property rules can shape how related cotenants’ interests are treated if the dispute becomes a partition case.
• Adverse Possession Claims: A neighbor or occupant who has used part of a parcel for seven years may claim ownership. Florida requires the claimant to meet strict statutory conditions, and an owner can challenge those claims in court.
• Fraudulent or Forged Transfers: A deed procured by fraud or forgery can be attacked through a quiet title action, and Florida law gives these claims access to summary procedure and calendar priority.
• Defective Tax, Foreclosure, or Lien Records: Old mortgages never satisfied, liens never released, and flawed foreclosure or tax proceedings can leave a gap that title insurers will not insure over.
• Disputed Boundaries and Easements: Disagreements over where a lot ends or whether a neighbor holds access rights often require a court declaration before a sale or development can proceed.

What to Do If Your Lantana Property Title Is Clouded

Start by collecting paper. Pull your deed, closing documents, title insurance policy, surveys, tax records, and any correspondence with the person or entity asserting a claim. The Palm Beach County Clerk maintains the official records, and a title search will show the recorded instruments that created the cloud. Do not sign a quitclaim deed or “release” offered by the other side until a lawyer has reviewed what it gives up.

Watch the clocks. Florida bars suits to recover real property unless the plaintiff or a predecessor held possession within seven years before filing, which is why adverse possession fights turn on who actually occupied the land and when. If your claim also rests on a contract, such as a purchase agreement, deadlines differ: five years for a claim founded on a written instrument, four years for oral contracts, and just one year for an action seeking specific performance. A title problem that grows out of a failed closing can lose its remedy quickly if you wait.

A quiet title complaint may be filed in any county where part of the land lies, and for Lantana property that means the Fifteenth Judicial Circuit in Palm Beach County, which sits at the main courthouse in West Palm Beach. Circuit Civil handles these cases. The plaintiff must describe the land, name every party who claims an interest, and deraign title for at least seven years unless the court orders otherwise. Missing a necessary party is a common and costly mistake, because a judgment does not bind someone who was never properly joined.

If someone is threatening to sell, mortgage, or encumber the property while the case is pending, ask about emergency relief. Temporary and permanent injunctions are part of our practice, and a court can freeze a transfer before the damage is done. Many title disputes also settle through mediation once the record is laid out clearly, and we will tell you honestly when a negotiated resolution serves your goals and budget better than a trial.

Quiet Title, Partition, and the Business Disputes Behind Them

Quiet title and partition are different tools. Quiet title asks who owns the land. Partition assumes co-owners exist and asks how to end the co-ownership. All partition actions in Florida are heard in chancery. The complaint must describe the land, name the owners and their residences, and state each owner’s share. If the land can be divided fairly, the court appoints three commissioners to do it. If division would prejudice the owners, the court can order a public sale and divide the proceeds by ownership interest. A sale on credit requires at least one-third of the price paid down unless every party agrees otherwise. Sometimes a case starts as one and becomes the other, because you cannot partition land until the court knows who the owners are.

Real estate rarely stays separate from the company that owns it. When an LLC holds the property, ownership questions can run straight into member disputes. A Florida circuit court can dissolve an LLC when members are deadlocked and irreparable injury is threatened, when assets are being misappropriated or wasted, or when it is no longer reasonably practicable to operate under the operating agreement. The court can also appoint a receiver or custodian after notice and a hearing, or order a buyout of a petitioning member. If the operating agreement has a deadlock sale provision that a member starts before the court finds a deadlock, that provision controls instead. Corporate shareholders have parallel remedies, including a fair-value buyout election that becomes irrevocable once made unless the court finds it equitable to modify it. Our attorneys read the agreement, the deed, and the corporate records together, because the winning argument often sits where they intersect.

Lantana Quiet Title Questions Answered

What is a quiet title action in Florida?

It is a lawsuit that asks a circuit court to determine who owns land and to cancel competing deeds, liens, or claims that cloud the title. The resulting judgment clears the record so the property can be sold, financed, or passed on.

Where is a quiet title case for Lantana property filed?

A complaint may be filed in any county where part of the land is located. For Lantana property, that is the circuit court of the Fifteenth Judicial Circuit sitting in and for Palm Beach County.

How far back does the title search have to go?

The plaintiff must deraign title for at least seven years before filing, unless the court orders otherwise. In practice, older or more tangled chains of title often require a longer look.

Can someone take my property by adverse possession in Florida?

It is possible but demanding. Without color of title, the claimant must show seven years of actual, continuous possession under a claim of title exclusive of others, and must file a return with the property appraiser that includes a full legal description. With color of title, the instrument must also be recorded in the county where the land lies.

Do I need a lawyer to clear a cloud on title?

If the other party will not sign a release voluntarily, a court judgment is usually the only way to remove the cloud. The pleading, the title chain, and the joinder of every interested party are technical, and mistakes can leave the cloud in place.

How is quiet title different from partition?

Quiet title decides who owns the land. Partition divides land among known co-owners, or orders it sold and splits the proceeds. A dispute can require both.

Can a quiet title action be used against a fraudulent deed?

Yes. Florida’s statute allows an action to quiet title based on an alleged fraudulent attempted conveyance, with summary procedure and priority on the court’s calendar.

My former business partner is still on the deed. What can I do?

Start with the operating or partnership agreement, which may require a transfer on exit. If it does not, a court can be asked to determine title, and the same dispute may involve buyout, accounting, or dissolution claims that are better pursued together.

Does a quiet title case always go to trial?

No. Many resolve through a negotiated release, mediation, or a default or summary judgment when the other side has no real claim. Contested cases with competing documents and testimony can require trial.

I live out of state. Can I handle this without traveling to Florida?

Usually, yes. We handle the filings and local court appearances for clients in New York, New Jersey, Connecticut, and elsewhere, and keep you informed by phone and scheduled conference calls.

If the dispute started with a failed closing, is there a time limit?

Yes, and it can be short. A written-contract claim generally has five years, but an action for specific performance has one year, so a buyer trying to force a sale should not wait.

Serving Lantana and Palm Beach County Property Owners

We represent owners in Lantana and the neighboring Palm Beach County communities of Lake Worth Beach, Hypoluxo, Manalapan, Boynton Beach, Greenacres, Atlantis, Palm Springs, and Delray Beach. Our work extends north to West Palm Beach, Palm Beach Gardens, Jupiter, Royal Palm Beach, and Wellington, and south and west through Boca Raton, Boynton Beach, and Belle Glade. We also serve clients across Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Hollywood, Plantation, and Coral Springs. Whether the property is a single-family lot, a waterfront parcel, a commercial building, or an investment held through an LLC, we help owners clear title and resolve the ownership disputes behind it.

Talk With a Lantana Quiet Title Lawyer

A cloud on title will not clear itself, and delay usually helps the person asserting the claim. If a deed, lien, former partner, or occupant is standing between you and clean ownership, our Lantana quiet title lawyer team can review your documents, explain the options, and recommend the path that fits your goals and budget. Call the Andrew M. Schwartz Legal Team to schedule a consultation.