Quiet Title Complaint

COMPLAINT TO QUIET TITLE — ALASKA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. The Subject Property
6. Plaintiff's Title and Possession
7. The Adverse Claim / Cloud on Title
8. First Cause of Action — Quiet Title (AS 09.45.010)
9. Second Cause of Action — Adverse Possession (AS 09.45.052)
10. Prayer for Relief
11. Verification
12. Notice of Pendency of Action (Lis Pendens — AS 09.45.940)
13. Affidavit for Service by Publication (Alaska R. Civ. P. 4(e))
14. Certificate of Service
15. Alaska Practice Notes
16. Sources and References

1. CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

Case No. [________________________________]

COMPLAINT TO QUIET TITLE

(AS 09.45.010)

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME] ("Plaintiff"), by and through undersigned counsel, brings this action pursuant to AS 09.45.010 to quiet title to the real property described herein and to remove the cloud cast upon Plaintiff's title by the adverse claims of Defendants. In support, Plaintiff alleges as follows on personal knowledge as to matters concerning Plaintiff and on information and belief as to all other matters.

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is, and at all relevant times has been, an individual residing in [________________], Alaska, and is in actual possession of, and the record owner of, the real property described below.

3.2. Defendant [DEFENDANT 1] is, on information and belief, an individual residing in [CITY / STATE], who claims an estate or interest in the Property adverse to Plaintiff as described below.

3.3. Defendant [DEFENDANT 2] is, on information and belief, a [corporation / limited liability company / trust] that holds or claims to hold a recorded interest in the Property.

3.4. Defendants "All Persons or Parties Unknown Claiming Any Right, Title, Estate, Lien, or Interest in the Real Property Described in the Complaint Adverse to Plaintiff's Title, or Any Cloud Upon Plaintiff's Title Thereto" are joined as parties pursuant to Alaska R. Civ. P. 4(d)(10) and 4(e). Their true names, identities, and capacities are unknown to Plaintiff, who will amend this Complaint to allege the same when ascertained.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction pursuant to AS 22.10.020 and AS 09.45.010, because this is an action to quiet title to real property situated within the State of Alaska.

4.2. Venue is proper in this Judicial District because the real property that is the subject of this action is located within the [________________________________] Recording District, [________________________________] Judicial District, State of Alaska. See Alaska R. Civ. P. 3.

5. THE SUBJECT PROPERTY

5.1. This action concerns real property located at [STREET ADDRESS], [CITY], Alaska [ZIP], situated in the [________________________________] Recording District (the "Property").

5.2. The Property is legally described as:

[INSERT FULL LEGAL DESCRIPTION FROM DEED / PLAT — METES AND BOUNDS, LOT-AND-BLOCK, OR ALEUTIAN/U.S. SURVEY DESIGNATION]

5.3. The Property was last conveyed of record to Plaintiff by [warranty deed / quitclaim deed / statutory deed] dated [__/__/____] and recorded on [__/__/____] in the [________________] Recording District as Document/Serial No. [____________________].

6. PLAINTIFF'S TITLE AND POSSESSION

6.1. Plaintiff is the lawful owner in fee simple of the Property and is entitled to its quiet and peaceable enjoyment.

6.2. The source of Plaintiff's title is: ☐ deed (identified in ¶ 5.3); ☐ devise or inheritance from [DECEDENT NAME], [probate case no. ________]; ☐ adverse possession (see Section 9); ☐ other: [________________________________].

6.3. Plaintiff's chain of title is as follows:

6.4. As required by AS 09.45.010, Plaintiff is, and at all relevant times has been, in actual, open, and exclusive possession of the Property.

6.5. Plaintiff has paid all real-property taxes and assessments levied against the Property since acquiring the same.

7. THE ADVERSE CLAIM / CLOUD ON TITLE

7.1. Defendants, and each of them, claim some right, title, estate, lien, or interest in the Property adverse to Plaintiff's title.

7.2. The specific adverse claim(s) to be determined and removed include, without limitation:

• ☐ A purported [deed / deed of trust / mortgage / lien / judgment lien] recorded on [__/__/____] as Document No. [____________________] (the "Cloud Instrument") that is void, voidable, forged, fraudulent, defectively executed, or otherwise inoperative;
• ☐ A deed of trust or mortgage that has been satisfied/paid in full but never reconveyed or released of record;
• ☐ A boundary-line dispute concerning the [north / south / east / west] boundary of the Property;
• ☐ A wild or stray deed not within Plaintiff's chain of title;
• ☐ A claim arising from a defective [tax foreclosure / borough tax sale] conducted on [__/__/____];
• ☐ A claimed prescriptive easement or adverse-possession claim by a third party;
• ☐ An unrecorded interest asserted by [________________________________];
• ☐ Other: [________________________________].

7.3. Each adverse claim is invalid, void, or otherwise without legal effect and constitutes a cloud upon Plaintiff's title that impairs the marketability, insurability, and use of the Property.

8. FIRST CAUSE OF ACTION — QUIET TITLE (AS 09.45.010)

(Against All Defendants)

8.1. Plaintiff incorporates the preceding paragraphs as though fully set forth herein.

8.2. Plaintiff is in possession of the Property and is the owner in fee simple thereof.

8.3. Pursuant to AS 09.45.010, "[a] person in possession of real property, or a tenant of that person, may bring an action against another who claims an adverse estate or interest in the property for the purpose of determining the claim."

8.4. Defendants claim estates or interests in the Property adverse to Plaintiff, each of which is without merit, void, or otherwise ineffective.

8.5. Plaintiff is entitled to a judgment and decree determining the adverse claims of Defendants, declaring the same void and of no effect, and quieting title to the Property in Plaintiff as against Defendants and all persons claiming by, through, or under them.

9. SECOND CAUSE OF ACTION — ADVERSE POSSESSION (AS 09.45.052)

(Pleaded in the Alternative, As Applicable)

9.1. Plaintiff incorporates the preceding paragraphs as though fully set forth herein.

9.2. Plaintiff (together with Plaintiff's predecessors in interest) has been in uninterrupted, adverse, and notorious possession of the Property:

• ☐ for seven (7) years or more under color and claim of title (AS 09.45.052(a)); or
• ☐ for ten (10) years or more because of a good-faith but mistaken belief that the real property lies within the boundaries of adjacent real property owned by Plaintiff (AS 09.45.052(a)).

9.3. The Property is not, and at no relevant time was, land owned by the State of Alaska or the United States.

9.4. By reason of the foregoing, title to the Property is conclusively presumed to have vested in Plaintiff under AS 09.45.052, and Plaintiff is entitled to a decree quieting title accordingly.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:

A. ☐ For a judgment and decree quieting title to the Property in Plaintiff in fee simple, as against Defendants and all persons claiming by, through, or under them;

B. ☐ For a decree determining that Defendants, and each of them, have no right, title, estate, lien, or interest in the Property;

C. ☐ For a decree declaring the Cloud Instrument void, of no force or effect, and ordering it cancelled, expunged, or released of record in the [________________] Recording District;

D. ☐ For a decree fixing the boundary between Plaintiff's Property and the adjoining parcel at the line alleged herein;

E. ☐ For costs of suit, including recording and publication costs, and attorney's fees as allowed by Alaska R. Civ. P. 79 and 82;

F. ☐ For such other and further relief as the Court deems just and equitable.

DATED: [__/__/____]

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Alaska Bar No. [____________]

Attorney for Plaintiff [PLAINTIFF NAME]

[ADDRESS / PHONE / EMAIL]

11. VERIFICATION

STATE OF ALASKA )
[________________] JUDICIAL DISTRICT ) ss.

I, [PLAINTIFF NAME], being first duly sworn, depose and state: I am the Plaintiff in the above-entitled action. I have read the foregoing Complaint to Quiet Title and know the contents thereof. The same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

[________________________________]
[PLAINTIFF NAME]

SUBSCRIBED AND SWORN TO before me on [__/__/____].

[________________________________]
Notary Public in and for the State of Alaska
My commission expires: [__/__/____]

12. NOTICE OF PENDENCY OF ACTION (LIS PENDENS — AS 09.45.940)

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA, [________________] JUDICIAL DISTRICT

[PLAINTIFF NAME] v. [DEFENDANT NAME], et al. — Case No. [________________________________]

NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

NOTICE IS HEREBY GIVEN, pursuant to AS 09.45.940, that the above-entitled action affecting title to and the right of possession of the real property described below is now pending in the above-entitled Court.

Parties: [PLAINTIFF NAME] (Plaintiff) v. [DEFENDANT NAME(S)] (Defendants).

Object of the action: To quiet title to the real property described below and to remove a cloud upon Plaintiff's title.

Real property affected (located in the [________________] Recording District):

[INSERT LEGAL DESCRIPTION]

From the time of recording of this Notice, a purchaser, holder of a contract or option to purchase, or encumbrancer of the Property has constructive notice of the pendency of this action.

DATED: [__/__/____]

[________________________________]
[ATTORNEY NAME], Alaska Bar No. [____________]
Attorney for Plaintiff

RECORD WITH: Recorder, [________________] Recording District, State of Alaska.

13. AFFIDAVIT FOR SERVICE BY PUBLICATION (ALASKA R. CIV. P. 4(e))

STATE OF ALASKA )
[________________] JUDICIAL DISTRICT ) ss.

I, [AFFIANT NAME], being duly sworn, depose and state:

1. I am the attorney of record for Plaintiff in the above-entitled action.

2. After the exercise of reasonable diligence, Defendant [NAME] and the Unknown Defendants cannot be served by personal service or by any other method specified in Alaska R. Civ. P. 4(d).

3. The acts of diligent inquiry I have undertaken include: ☐ search of public and commercial locator databases; ☐ inquiry of known relatives, neighbors, and last known employer; ☐ inquiry to the U.S. Postal Service for a forwarding address; ☐ search of the Alaska Division of Motor Vehicles and Permanent Fund Dividend records (to the extent permitted); ☐ inquiry of the [________________] Recorder and borough assessor; ☐ search of military-locator databases; ☐ other: [____________________].

4. A cause of action exists against the Defendants on whom publication service is sought, as more fully set forth in the verified Complaint on file, and they are necessary or proper parties because they claim or may claim an interest in the Property.

5. Plaintiff requests that the Court enter an order under Alaska R. Civ. P. 4(e) directing service by publication and/or posting as the Court deems just.

[________________________________]
[AFFIANT / ATTORNEY NAME]

SUBSCRIBED AND SWORN TO before me on [__/__/____].

[________________________________]
Notary Public in and for the State of Alaska

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing Complaint to Quiet Title was served upon the following parties by the method indicated:

[________________________________]
[ATTORNEY NAME / PARALEGAL]

15. ALASKA PRACTICE NOTES

Possession is an element. AS 09.45.010 requires the plaintiff to be in possession. A plaintiff out of possession must instead proceed in ejectment under AS 09.45.630. Confirm and plead possession.

Adverse possession is narrowed. Since 2003, AS 09.45.052 limits adverse possession to (a) 7 years under color and claim of title, or (b) 10 years based on a good-faith but mistaken boundary belief by an adjacent owner. No title may be acquired against the State or the United States.

Limitations. AS 09.10.030 bars actions to recover real property after 10 years, subject to the recorded-owner exception (a record owner may sue to quiet title at any time).

Service by publication. Alaska R. Civ. P. 4(e) requires a diligent-inquiry affidavit and a court order before publication or alternative service. Service of process must be completed within 120 days under Alaska R. Civ. P. 4(j).

Lis pendens. Record the Notice of Pendency under AS 09.45.940 with the recorder for the recording district where the property lies to bind subsequent purchasers and encumbrancers.

Decree of record. Record the final judgment/decree in the appropriate recording district to perfect record title.

16. SOURCES AND REFERENCES

• AS 09.45.010 (Action to quiet title) — https://law.justia.com/codes/alaska/title-9/chapter-45/article-1/section-09-45-010/
• AS 09.45.630 (Ejectment — actions for recovery of real property) — https://law.justia.com/codes/alaska/title-9/chapter-45/article-7/section-09-45-630/
• AS 09.45.052 (Adverse possession — 7/10 years)
• AS 09.10.030 (Limitation — recovery of real property; recorded-owner exception)
• AS 09.45.940 (Lis pendens) — https://law.justia.com/codes/alaska/title-9/chapter-45/article-12/section-09-45-940/
• Alaska R. Civ. P. 4 (Process; service by publication) — https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska Court System Form CIV-106 (How to Serve a Summons)

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