US Lawyer Database

§ 18-60-511. Costs

The costs of the proceedings shall be adjudged against the petitioner if there is no other party to the proceedings, and otherwise the costs shall be adjudged according to the principles of equity.

§ 18-60-505. Proof

(a) After proof of publication of the notice as stated in § 18-60-503 has been filed, the court shall require the petitioner to prove all the allegations of the petition. (b) Proof may be by depositions or by testimony ore tenus at the bar of the court.

§ 18-60-506. Prima facie title

If the petitioner cannot show a perfect claim of title to any particular tract or tracts of land, it shall be held to constitute a prima facie title if the petitioner shall show that: (1) The petitioner and those under whom he or she claims, have had color of title to the land for more […]

§ 18-60-507. Lost or destroyed title papers

If the petitioner alleges that his or her title papers or the record thereof has been lost or destroyed, the court shall have the power to require new title papers to be executed if the party required to execute them shall have been duly summoned in the cause.

§ 18-60-508. Decree — Effect

(a) If the court is satisfied as to the truth of the facts set out in the petition, it shall render a decree establishing and quieting the petitioner’s title against all persons except as provided in subsection (b) of this section. (b) The decree in the cause shall not bar or affect the rights of […]

§ 18-60-509. Recording of decree

A certified copy of any decree confirming title to real estate shall be entitled to record in the books kept for the record of deeds in the county in which the decree was granted.

§ 18-60-510. Setting aside decree

(a) Any person may appear within three (3) years and set aside the decree if he or she shall offer to file a meritorious defense. (b) Every person laboring under the disability of infancy or individuals with mental illness or intellectual disabilities, and those claiming under them, may set aside the decree at any time […]

§ 18-60-501. Proceedings generally

Any person claiming to own land that is wild or improved or land that is in the actual possession of himself or herself, or those claiming under him or her, may have his or her title to the land confirmed and quieted by proceeding in the manner provided in this subchapter.

§ 18-60-502. Petition

(a) A claimant shall file in the office of the clerk of the circuit court of the county in which the land is situated a petition describing the land and stating facts which show a prima facie right and title to the land in himself or herself and that there is no adverse occupant thereof. […]

§ 18-60-503. Publication of notice — Cancellation of liens

(a) (1) Upon the filing of the petition, the clerk of the court shall publish a notice of the filing of the petition on the same day of each week, for four (4) weeks in some newspaper published in the county, if there is one, and if not, then in some newspaper having a circulation […]