It is an action for the purpose of putting an end to vexatious litigation with respect to the property involved. An action to quiet...

It is an action for the purpose of putting an end to vexatious litigation with respect to the property involved.

An action to quiet title is quasi in rem ‐ an action in personam concerning real property where judgment therein is enforceable only against the defeated party and his privies. 

Reason for Quieting Title:
1. Prevent litigation; 
2. Protect true title and possession; 
3. Real interest of both parties which requires the determination of the precise state of title. 

The following are the instances where action to quiet title does not apply?
1. To questions involving interpretation of documents; 
2. To mere written or oral assertions of claims. 

1. If made in a legal proceeding;
2. If it is being asserted that the instrument or entry in plaintiff’s favor is not what it purports to be;
3. Boundary disputes;
4. To deeds by strangers to the title unless purporting to convey the property of the plaintiff;
5. To instruments invalid on their face;
6. Where the validity of the instrument involves pure questions of law 

Sample Case:
Edgar donated a parcel of land to a barangay subject to the condition that it shall be used for the construction of a public plaza within 5 years from execution of the Deed of Donation. Otherwise, the deed shall have no force and effect and ownership of the land will revert to the donor. The barangay took possession of the property and allowed the construction of buildings by public and private entities. Edgar filed a complaint for quieting of title and recovery of possession of the area donated against the barangay claiming that the donation had ceased to be effective, for failure to comply with the conditions of the donation. Was the action to quiet title properly made? 

          No. The action to quiet title is unavailing until the donation shall have first been revoked. In the case at bar, the barangay traces its claim of ownership over the disputed property to a valid contract of donation which is yet to be effectively revoked. Such rightful claim does not constitute a cloud on the supposed title of Edgardo over the same property removable by an action to quiet title. (Dolar v. Brgy. Lublub, G.R. No. 152663, Nov. 18, 2005) 

DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.

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