Quiet Title Complaint

COMPLAINT TO QUIET TITLE — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. The Subject Property
6. Plaintiff's Title
7. The Adverse Claim / Cloud on Title
8. Count I — Quiet Title by Adverse Possession (D.C. Code § 16-3301)
9. Count II — Removal of Cloud / Declaratory Judgment (D.C. Super. Ct. Civ. R. 57)
10. Prayer for Relief
11. Verification
12. Notice of Pendency of Action (Lis Pendens — D.C. Code § 42-1207)
13. Affidavit for Service by Publication (D.C. Code § 13-341)
14. Certificate of Service
15. District of Columbia Practice Notes
16. Sources and References

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Case No. [________________________________]

COMPLAINT TO QUIET TITLE

(D.C. Code § 16-3301; D.C. Super. Ct. Civ. R. 57)

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME] ("Plaintiff"), by and through undersigned counsel, brings this action to quiet title to the real property described herein, to perfect Plaintiff's title pursuant to D.C. Code § 16-3301, 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 [an individual residing in the District of Columbia / a __________] who holds and claims title to the Property described below.

3.2. Defendant [DEFENDANT 1] is, on information and belief, [an individual residing at / an entity having its principal place of business at] [________________], who appears to claim or hold a title or interest adverse to that of Plaintiff.

3.3. Defendant [DEFENDANT 2] is, on information and belief, [describe — e.g., the record owner of the Property, or the heirs/devisees of ________________, deceased], who claims or may claim an interest in the Property.

3.4. The Defendants designated as "All Unknown Persons 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 persons whose names and capacities — including any unknown heirs or devisees of any deceased adverse party — are unknown to Plaintiff after diligent inquiry, and who may be proceeded against pursuant to D.C. Code §§ 16-3301(b) and 13-341.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction pursuant to D.C. Code § 11-921 (general civil jurisdiction of the Superior Court) and D.C. Code § 16-3301, which authorizes the holder of title vested by adverse possession to file a complaint in this Court to perfect title.

4.2. This Court has authority to grant declaratory relief pursuant to D.C. Super. Ct. Civ. R. 57 and the Court's general equity jurisdiction under D.C. Code §§ 11-921 and 11-946.

4.3. Venue is proper because the real property that is the subject of this action is situated in the District of Columbia.

5. THE SUBJECT PROPERTY

5.1. This action concerns real property located at [STREET ADDRESS], Washington, D.C. [ZIP], identified as Square [________], Lot [________] (the "Property").

5.2. The Property is legally described as:

[INSERT FULL LEGAL DESCRIPTION FROM DEED / SQUARE-AND-LOT DESIGNATION]

5.3. The Property [is / was last] recorded of record in the name of [________________] by [deed] dated [__/__/____] and recorded on [__/__/____] among the Land Records of the District of Columbia as Instrument No. [____________________].

6. PLAINTIFF'S TITLE

6.1. Plaintiff is the lawful owner of the Property and is entitled to the quiet and peaceable enjoyment thereof.

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

6.3. Plaintiff's chain of title and/or possession is as follows:

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

7. THE ADVERSE CLAIM / CLOUD ON TITLE

7.1. Defendants, and each of them, appear to 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:

• ☐ Record title standing in the name of [________________] (or that person's heirs or devisees) notwithstanding Plaintiff's title by adverse possession;
• ☐ A purported [deed / deed of trust / mortgage / lien / judgment] recorded on [__/__/____] as Instrument 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 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;
• ☐ An interest claimed by unknown heirs or devisees of [________________________________], deceased;
• ☐ 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. COUNT I — QUIET TITLE BY ADVERSE POSSESSION (D.C. Code § 16-3301)

(Pleaded where title has vested by adverse possession)

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

8.2. Title to the Property has become vested in Plaintiff (in Plaintiff alone, or in Plaintiff and those under whom Plaintiff claims) by adverse possession, in that Plaintiff and Plaintiff's predecessors have held actual, open, notorious, exclusive, hostile, and continuous possession of the Property under a claim of right for not less than fifteen (15) years.

8.3. Pursuant to D.C. Code § 16-3301(a), it is sufficient to allege that Plaintiff holds title to the Property and that it has vested in Plaintiff, or in Plaintiff and those under whom Plaintiff claims, by adverse possession. Only persons who appear to have a claim or title adverse to that of Plaintiff are named as defendants.

8.4. Upon proof of the facts showing title in Plaintiff by adverse possession, Plaintiff is entitled to a decree of this Court declaring Plaintiff's title by adverse possession, a copy of which decree may be entered of record in the Office of the Recorder of Deeds for the District of Columbia.

9. COUNT II — REMOVAL OF CLOUD / DECLARATORY JUDGMENT (D.C. Super. Ct. Civ. R. 57)

(Pleaded in the alternative or in addition, as the facts require)

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

9.2. An actual and justiciable controversy exists between Plaintiff and Defendants concerning the validity of the adverse claim(s) and the parties' respective rights, status, and legal relations with respect to the Property.

9.3. The Cloud Instrument and/or adverse claim casts a cloud upon Plaintiff's title that depreciates its value and impairs Plaintiff's ability to use, transfer, or encumber the Property, and Plaintiff has no adequate remedy at law.

9.4. Pursuant to D.C. Super. Ct. Civ. R. 57 and the Court's general equity jurisdiction, Plaintiff is entitled to a declaration that Plaintiff holds title to the Property and that Defendants have no right, title, estate, lien, or interest therein, and to an order cancelling or expunging the Cloud Instrument and removing the cloud upon Plaintiff's title.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. ☐ Enter a decree declaring and quieting title to the Property in Plaintiff, as against Defendants and all persons claiming by, through, or under them, including (where applicable) a decree of title by adverse possession under D.C. Code § 16-3301;

B. ☐ Declare, pursuant to D.C. Super. Ct. Civ. R. 57, that Defendants have no right, title, estate, lien, or interest in the Property;

C. ☐ Declare the Cloud Instrument void and of no effect and order it cancelled, released, or expunged from the Land Records of the District of Columbia;

D. ☐ Order that the boundary between Plaintiff's Property and the adjoining parcel be fixed at the line alleged herein;

E. ☐ Direct that the decree be entered of record in the Office of the Recorder of Deeds for the District of Columbia;

F. ☐ Award Plaintiff costs of suit and such other and further relief as the Court deems just and proper.

DATED: [__/__/____]

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], D.C. Bar No. [____________]

Attorney for Plaintiff [PLAINTIFF NAME]

[ADDRESS / PHONE / EMAIL]

11. VERIFICATION

DISTRICT OF COLUMBIA ) 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, District of Columbia
My commission expires: [__/__/____]

12. NOTICE OF PENDENCY OF ACTION (LIS PENDENS — D.C. Code § 42-1207)

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION

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

NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

NOTICE IS GIVEN, pursuant to D.C. Code § 42-1207, that an action directly affecting the title to the real property described below is pending. The undersigned states:

1. Name of court: Superior Court of the District of Columbia, Civil Division.

2. Title of the action: [PLAINTIFF NAME] v. [DEFENDANT NAME], et al.

3. Docket number: [________________________________].

4. Date of filing: [__/__/____].

5. Object of the filing: To quiet title to, and remove a cloud upon, the real property described below.

6. Amount of claim / nature of relief sought: A decree quieting and declaring title in Plaintiff and removing the adverse claim of Defendants (no monetary claim).

7. Name of the person whose estate is intended to be affected: [NAME(S) OF RECORD OWNER / ADVERSE CLAIMANT(S)].

8. Description of the real property affected:

[INSERT LEGAL DESCRIPTION — Square ________, Lot ________]

DATED: [__/__/____]

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

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

[________________________________]
Notary Public, District of Columbia

RECORD WITH: Recorder of Deeds for the District of Columbia.

13. AFFIDAVIT FOR SERVICE BY PUBLICATION (D.C. Code § 13-341)

DISTRICT OF COLUMBIA ) 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. Process directed to Defendant [NAME] and the Unknown Defendants has been or will be returned "not to be found," and/or it is unknown whether one who, if living, would be an adverse party is living or dead, or whether such person died testate or left heirs, or such person's heirs or devisees are unknown.

3. The diligent efforts undertaken to identify, locate, and serve said Defendants include: ☐ search of the District of Columbia Land Records and tax/assessment records; ☐ search of public and commercial locator databases; ☐ inquiry of known relatives, neighbors, and last known employer; ☐ inquiry to the U.S. Postal Service; ☐ search of probate records for any deceased adverse party; ☐ other: [____________________].

4. Plaintiff requests that the Court order notice by publication to said Defendants pursuant to D.C. Code §§ 16-3301(b) and 13-341 and D.C. Super. Ct. Civ. R. 4.

[________________________________]
[AFFIANT / ATTORNEY NAME]

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

[________________________________]
Notary Public, District of Columbia

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], D.C. Bar No. [____________]

15. DISTRICT OF COLUMBIA PRACTICE NOTES

Two routes. D.C. Code § 16-3301 is the statutory quiet-title vehicle for title vested by adverse possession; it permits a streamlined complaint and naming only persons who appear to hold adverse claims. A quiet-title/removal-of-cloud action not based on adverse possession proceeds in the Superior Court's general civil jurisdiction (§ 11-921), commonly with declaratory relief under D.C. Super. Ct. Civ. R. 57. The District has not codified a Uniform Declaratory Judgments Act; declaratory-judgment authority in D.C. Superior Court rests on Civil Rule 57 (which tracks 28 U.S.C. § 2201 but adds "or otherwise" to reach the court's general equity powers under D.C. Code §§ 11-921 and 11-946), not a standalone D.C. Code chapter.

Adverse possession period. The District's limitation period for recovery of real property is 15 years (D.C. Code § 16-1113); plead 15 years of open, notorious, exclusive, hostile, and continuous possession under § 16-3301.

Service / unknown and deceased parties. § 16-3301(b) allows publication where process is returned "not found," and routes unknown/deceased adverse parties to § 13-341. Publication is by order of court under D.C. Super. Ct. Civ. R. 4.

Disability savings clause. § 16-3301(c) preserves the rights of infants and persons under legal disability for 2 years after removal of the disability, not to exceed 22 years from accrual.

Lis pendens. Record a written, signed, and notarized notice under D.C. Code § 42-1207 with the Recorder of Deeds; cancel/release within 30 days after the action concludes to avoid a civil fine up to $500.

Decree of record. Enter a certified copy of the decree among the Land Records (Recorder of Deeds) to perfect record title (§ 16-3301(a)).

16. SOURCES AND REFERENCES

• D.C. Code § 16-3301 (Quiet title — adverse possession; complaint; parties; service; decree) — https://code.dccouncil.gov/us/dc/council/code/sections/16-3301
• D.C. Code § 13-341 (Notice by publication — unknown/deceased adverse parties)
• D.C. Super. Ct. Civ. R. 57 (Declaratory Judgment) — https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2057.%20Declaratory%20Judgment_0.pdf
• D.C. Code § 11-946 (Rules of court — Superior Court conducts business under the Federal Rules of Civil Procedure except as modified) — https://code.dccouncil.gov/us/dc/council/code/sections/11-946
• D.C. Code § 42-1207 (Notice of pendency of action / lis pendens) — https://code.dccouncil.gov/us/dc/council/code/sections/42-1207
• D.C. Code § 11-921 (Civil jurisdiction of the Superior Court)
• D.C. Code § 16-1113 (15-year limitation — recovery of real property)
• D.C. Super. Ct. Civ. R. 4 (Summons; service of process)
• In re Tyree, 493 A.2d 314 (D.C. 1985) (quiet title under § 16-3301)

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