Defendants in Quiet Title Actions

Part 2, Title 10, Chapter 4, Article 3 deals with defendants in civil actions to quiet title. Section 762.010 requires the plaintiff to name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought.

Section 762.020 states that, if the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff must state that in the complaint and name as parties all persons unknown in the manner provided.

In addition, if the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff must state that in the complaint.

Section 762.030 provides that, if a person required to be named as a defendant is dead and the plaintiff knows of a personal representative, the plaintiff is required to join the personal representative as a defendant. If a person required to be named as a defendant is dead, or is believed by the plaintiff to be dead, and the plaintiff knows of no personal representative, then one of three specified actions must be taken.

Section 762.040 allows the court upon its own motion, and upon motion of any party, must make the orders appear appropriate in two specified instances.

Section 762.050 states that any person who has a claim to the property described in the complaint may appear in the proceeding. Whether or not the person is named as a defendant in the complaint, the person must appear as a defendant.

Section 762.060 provides that, in addition to the persons required to be named as defendants in the action, the plaintiff may name as defendants “all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff’s title, or any cloud upon plaintiff’s title thereto,” naming them in that manner.

Section 762.070 provides that a person named and served as an unknown defendant has the same rights as are provided by law in cases of all other defendants named and served, and the action must proceed against unknown defendants in the same manner as against other defendants named and served, and with the same effect.

Section 762.080 allows the court upon its own motion to make orders for appointment of guardians ad litem as appear necessary to protect the interest of any party.

Section 762.090 allows the state the be joined as a party to an action under this chapter.