Quiet Title Complaint

COMPLAINT TO QUIET TITLE — DELAWARE (COURT OF CHANCERY)

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
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 / Removal of Cloud (Equity)
9. Count II — Declaratory Judgment (10 Del. C. § 6501)
10. Prayer for Relief
11. Verification
12. Notice of Pendency of Action (Lis Pendens — 25 Del. C. § 1601)
13. Affidavit in Support of Order of Publication (10 Del. C. § 365)
14. Certificate of Service
15. Delaware Practice Notes
16. Sources and References

1. CAPTION

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

C.A. No. [________________________________]-[VC initials]

VERIFIED COMPLAINT TO QUIET TITLE AND FOR DECLARATORY JUDGMENT

2. NATURE OF THE ACTION

2.1. This is an action in equity to quiet title to, and remove a cloud upon, the title to the real property described herein, and for a declaratory judgment pursuant to 10 Del. C. § 6501 et seq. determining the rights, status, and legal relations of the parties with respect to that property.

2.2. Plaintiff seeks a decree confirming Plaintiff's fee-simple ownership of the Property, declaring the adverse claim of Defendants void and of no effect, and removing the cloud upon Plaintiff's title.

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is [an individual residing in / a __________ organized under the laws of] [________________], and is the record owner in fee simple of the Property described below.

3.2. Defendant [DEFENDANT 1] is, on information and belief, [an individual residing in / an entity having its principal place of business at] [________________], 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, [describe — e.g., the heirs, devisees, successors, or assigns of ________________, deceased], who claim 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, identities, and capacities are unknown to Plaintiff after diligent inquiry. Plaintiff will amend to name them when ascertained.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction pursuant to 10 Del. C. § 341 because Plaintiff seeks equitable relief — the quieting of title to and removal of a cloud upon real property — for which there is no full, complete, and adequate remedy at law.

4.2. This Court has power to grant declaratory relief pursuant to the Declaratory Judgment Act, 10 Del. C. §§ 6501–6502.

4.3. The Property that is the subject of this action is situated in [New Castle / Kent / Sussex] County, Delaware. The Court of Chancery sits in each county, and the action is properly filed in [New Castle / Kent / Sussex] County.

5. THE SUBJECT PROPERTY

5.1. This action concerns real property located at [STREET ADDRESS], [CITY / HUNDRED], [New Castle / Kent / Sussex] County, Delaware [ZIP] (Tax Parcel No. [____________________]) (the "Property").

5.2. The Property is legally described as:

[INSERT FULL LEGAL DESCRIPTION FROM DEED OF RECORD]

5.3. The Property was last conveyed of record to Plaintiff by [deed] dated [__/__/____] and recorded on [__/__/____] in the Office of the Recorder of Deeds in and for [New Castle / Kent / Sussex] County in Deed Book [________], Page [________] (Instrument No. [____________________]).

6. PLAINTIFF'S TITLE

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

6.2. The source of Plaintiff's title is: ☐ the deed identified in ¶ 5.3; ☐ devise or inheritance from [DECEDENT NAME]; ☐ adverse possession (20-year period under 10 Del. C. § 7901 et seq.); ☐ other: [________________________________].

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

6.4. Plaintiff has been in actual, open, exclusive, and continuous possession of the Property at all relevant times and has paid all taxes and assessments levied against it.

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 / mortgage / lien / judgment] recorded on [__/__/____] in Deed/Mortgage Book [________], Page [________] (the "Cloud Instrument") that is void, voidable, forged, fraudulent, defectively executed, or otherwise inoperative;
• ☐ A mortgage that has been satisfied/paid in full but never released or satisfied of record;
• ☐ A defect, ambiguity, or break in the chain of title;
• ☐ 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 / REMOVAL OF CLOUD (EQUITY)

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

8.2. Plaintiff holds fee-simple title to the Property and is in possession thereof.

8.3. The adverse claim(s) of Defendants cast a cloud upon Plaintiff's title that depreciates the value of and impairs Plaintiff's ability to use, transfer, or encumber the Property.

8.4. Plaintiff has no adequate remedy at law and is entitled to a decree of this Court of equity quieting title in Plaintiff, removing the cloud, and ordering the Cloud Instrument cancelled, released, or expunged of record.

9. COUNT II — DECLARATORY JUDGMENT (10 Del. C. § 6501)

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

9.2. An actual, ripe, 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. Pursuant to 10 Del. C. §§ 6501 and 6502, Plaintiff is entitled to a declaration that Plaintiff holds fee-simple title to the Property and that Defendants have no right, title, estate, lien, or interest therein, and a determination of the validity of the Cloud Instrument.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

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

B. ☐ Declare, pursuant to 10 Del. C. §§ 6501–6502, 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 records of the Recorder of Deeds for [New Castle / Kent / Sussex] County;

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

E. ☐ Direct service upon non-appearing and nonresident Defendants by order of publication pursuant to 10 Del. C. §§ 365–366;

F. ☐ Award Plaintiff costs of this action and such other and further relief as the Court deems just and equitable.

DATED: [__/__/____]

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME] (Bar I.D. No. [____________])

Attorney for Plaintiff [PLAINTIFF NAME]

[ADDRESS / PHONE / EMAIL]

11. VERIFICATION

STATE OF [________________] )
COUNTY OF [________________] ) ss.

I, [PLAINTIFF NAME], being duly sworn according to law, depose and state that I am the Plaintiff in the foregoing Verified Complaint to Quiet Title; that I have read the same and know the contents thereof; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

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

[________________________________]
Notary Public
My commission expires: [__/__/____]

12. NOTICE OF PENDENCY OF ACTION (LIS PENDENS — 25 Del. C. § 1601)

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

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

WRITTEN NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

NOTICE IS GIVEN, pursuant to 25 Del. C. § 1601, that an action affecting the title to the real property described below is pending in the Court of Chancery of the State of Delaware. This notice is made under oath and sets forth:

1. Court / Caption / Civil Action Number: Court of Chancery of the State of Delaware; [PLAINTIFF] v. [DEFENDANT], et al.; C.A. No. [________________________________].

2. Object of the action / affirmative relief sought: To quiet title to, and remove a cloud upon, the real property described below, and to obtain a declaratory judgment that Defendants have no interest therein.

3. Legal description of the affected property:

[INSERT LEGAL DESCRIPTION — Tax Parcel No. ____________________]

4. Parties against whom this notice is indexed: [NAME(S) OF DEFENDANT(S)].

DATED: [__/__/____]

[________________________________]
[ATTORNEY NAME] (Bar I.D. No. [____________])
Attorney for Plaintiff

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

[________________________________]
Notary Public

RECORD WITH: Office of the Recorder of Deeds, [New Castle / Kent / Sussex] County, Delaware.

13. AFFIDAVIT IN SUPPORT OF ORDER OF PUBLICATION (10 Del. C. § 365)

STATE OF [________________] )
COUNTY OF [________________] ) 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. Defendant [NAME] and the Unknown Defendants are out of the State of Delaware or cannot be found to be served with process, and there is just ground to believe they intentionally avoid such service.

3. The diligent efforts undertaken to locate and serve said Defendants include: ☐ search of public and commercial locator databases; ☐ inquiry of known relatives, neighbors, and last known employer; ☐ inquiry to the U.S. Postal Service; ☐ inquiry of the Recorder of Deeds and county assessment office; ☐ other: [____________________].

4. Plaintiff respectfully requests that the Court enter an Order pursuant to 10 Del. C. § 365 directing the appearance of said Defendants on a date certain and directing publication of the Order not less than once a week for three (3) consecutive weeks in [NAME OF NEWSPAPER].

[________________________________]
[AFFIANT / ATTORNEY NAME]

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

[________________________________]
Notary Public

14. CERTIFICATE OF SERVICE

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

[________________________________]
[ATTORNEY NAME] (Bar I.D. No. [____________])

15. DELAWARE PRACTICE NOTES

Forum: Court of Chancery. Delaware quiet-title actions are equitable and are filed in the Court of Chancery under its general equity jurisdiction (10 Del. C. § 341), with declaratory relief available under 10 Del. C. § 6501 et seq. To invoke equitable jurisdiction, plead the absence of an adequate remedy at law and seek equitable relief (cancellation/removal of cloud).

Delaware counsel and e-filing required. All Court of Chancery civil filings must be e-filed through File & ServeXpress by a Delaware-licensed attorney. A Supplemental Information Sheet is required with new actions (Ct. Ch. R. 3(b)).

Service on absent / nonresident defendants. 10 Del. C. § 365 authorizes an order of appearance and publication (not less than once a week for 3 consecutive weeks) where a defendant is out of state or avoids service; 10 Del. C. § 366 provides for sequestration and an order of publication against nonresident defendants.

Lis pendens. Record a written, sworn notice of pendency with the county Recorder of Deeds under 25 Del. C. § 1601; comply with the 5-day mailing and 10-day affidavit-of-compliance requirements (§ 1605). The notice is effective for 3 years and is extendable for good cause.

Adverse possession. Delaware recognizes adverse possession with a 20-year limitation period (10 Del. C. § 7901 et seq.). Plead the elements (open, notorious, exclusive, hostile, continuous possession for 20 years) where applicable.

Recording the decree. Record the final decree with the Recorder of Deeds to perfect record title.

16. SOURCES AND REFERENCES

• 10 Del. C. § 341 (Equity jurisdiction of the Court of Chancery)
• 10 Del. C. §§ 6501–6510 (Declaratory Judgments) — https://delcode.delaware.gov/title10/c065/index.html
• 10 Del. C. § 365 (Order of publication — absent / avoiding defendant) — https://law.justia.com/codes/delaware/2010/title10/c003-sc04.html
• 10 Del. C. § 366 (Nonresident defendant — sequestration / publication)
• 25 Del. C. §§ 1601–1614 (Lis Pendens) — https://delcode.delaware.gov/title25/c016/index.html
• 10 Del. C. § 7901 et seq. (Adverse possession — 20-year limitation)
• Court of Chancery Rules — https://courts.delaware.gov/rules/

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