Quieting of Title

Nature of the Action: It is an equitable action in rem

to determine the condition of the ownership or rights to
immovable property and remove doubts thereon.
Quasi in rem
Classes:

1. Preventive Art. 476 par. 2

2. Remedial
a. There is present cloud on title which may be
prejudicial

b. The cloud is due to PRICE that is apparently valid

or effective

c. But in truth in fact, PRICE is IIVU

Action to Quiet Title

vs. Remove Cloud
Action to Quiet Title

Action to Remove Cloud

An action to put an end to

vexatious litigation in respect to
the property

Intended to procure the

cancellation, delivery of, release
of an instrument, encumberance,
or claim constituting a claim on
plaintiffs title, and which may be
used to injure or vex him in the
enjoyment of his title

Plaintiff asserts his own estate in

the land, without defining it, and
avers that the claim is without
foundation, and calls the
defendant to set forth the nature
of his claim

Plaintiff declares his own title +

avers the source and nature of
the defendants claim and points
out its defect, and prays that it
be declared void.

Requisites for Action

1. The Plaintiff must have legal or equitable title to, or
interest in, the real property which is the subject
matter of the action.

2. Although action is imprescriptible, it must not be

barred by laches.

3. There is duty to restore benefits and expenses. (Art.

480)

4. Not applicable in the following cases: questions

involving interpretation of documents, mere written
or oral assertions of claims, boundary disputes,
deeds by strangers to the title, instruments invalid
on their face