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Dorsaneo, Texas Litigation Guide
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

17-257 Dorsaneo, Texas Litigation Guide 257.syn


Suit to Quiet Title


Professor William V. Dorsaneo III

Chapter Summary


This chapter from Dorsaneo, Texas Litigation Guide covers the equitable remedy of quieting title to property through a suit to "remove a cloud," meaning an adverse claim of right or interest in the property. The chapter describes the action to quiet title, details the elements that must be pleaded and proved, and distinguishes the remedy from others that may have the same effect. Included is a discussion of the application of the Declaratory Judgments Act as an appropriate procedural vehicle with which to assert the action. The chapter also covers the tort cause of action known as slander of title, an action often included with a quiet title suit when the cloud on the plaintiff's title has frustrated a specific sale and caused the plaintiff to suffer a monetary loss.

A step-by-step guide to planning and preparing the case is included for petitioners, as are forms for a petition to quiet title, for adding a slander of title action, and for use in drafting and recording the judgment quieting title. A guide and forms for use by the defense are also illustrated, setting out typical defenses for both causes of action.

Part I of this chapter describes the action to remove a cloud and to quiet title. It includes and explanation of the elements of the cause of action to quiet title, the proper parties, jurisdiction and venue, defensive matters, and the relief available. It also includes a section explaining the post-judgment correction of deeds. Part I also describes the cause of action for slander of title. This section includes an explanation of the nature and purpose of such an action and its relationship to an action to quiet title. It illustrates the elements of this cause of action, defensive issues, and the recovery that may be obtained.

Part II consists of checklists and drafting guides for bringing suit to remedy impaired title, the preparation of the defendant's answer, and the preparation and use of a judgment to clear title.

Part III contains forms for the plaintiff's petition to remove cloud and quiet title and plaintiff's allegations for addition of slander of title. This part also contains forms for the defendant's original answer in suit to quiet title and defensive allegations in suit including action for slander of title. Part III also contains forms for a judgment quieting title with optional award for slander of title and a clerk's certificate attesting to judgment.

Part IV is a research guide providing references to the Texas Constitution, applicable statutes, rules, case law, law reviews, periodicals, and texts.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entities, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.


Civil procedure,Declaratory judgment actions,Remedies,Real property law,Deeds,Adverse claim actions,Slander of title,Title quality,quiet title,remove a cloud


The equitable remedies available to rescind or reform an instrument executed by the petitioner, remedies that may have the effect of quieting title by nullifying or correcting a title document, are addressed in Ch. 52, Rescission, and Ch. 53 Reformation.

Actions to vest title and the right of possession in the plaintiff, which effectively quiet title, are covered in Ch. 251, Trespass to Try Title, and Ch. 250 Adverse Possession.

The substantive law governing the validity of claims to real property interests often targeted as invalid clouds on a property title is discussed in Ch. 250, Adverse Possession; Ch. 254, Deeds and Conveyances; Ch. 255, Real Property Security Interests; Ch. 271, Mechanic's and Materialmen's Liens; Ch. 280, Adjoining Landowners; Ch. 281, Easements; and Ch. 283, Oil and Gas Leases.


See Texas Real Estate Guide (Matthew Bender) for more than 540 Texas real estate transaction and litigation forms, plus step-by-step checklists on virtually all real estate matters to help the practitioner master important key issues and avoid costly errors.

See Powell on Real Property (Matthew Bender) for expert analysis on all aspects of real property law that is national in scope.

See Real Estate Transactions LexisNexis Forms (Matthew Bender) for forms covering such topics as adjoining landowners, adverse possession, brokers, common interest communities, deeds, eminent domain, environmental regulation, financing, landlord and tenant, oil and gas, property valuation, purchase and sale, restrictive covenants, title, and zoning and land use.

See Texas Civil Trial Guide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Courtroom Evidence (Matthew Bender) for comprehensive coverage of Texas evidence law, including comparisons of the Texas Rules of Evidence with the Federal Rules of Evidence as interpreted by existing case law for each subject.
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