Georgia Quiet Title Action — Quia Timet Petition (Conventional and Statutory Against All the World) with Lis Pendens

PETITION TO QUIET TITLE / QUIA TIMET AND FOR LIS PENDENS

IN THE SUPERIOR COURT OF [______] COUNTY

STATE OF GEORGIA

OPTION A — CONVENTIONAL QUIA TIMET PETITION

(O.C.G.A. § 23-3-40 et seq.)

NOW COMES Petitioner, [PETITIONER NAME], by and through undersigned counsel, and files this Petition for Conventional Quia Timet pursuant to O.C.G.A. § 23-3-40 et seq., and shows:

I. PARTIES, JURISDICTION, AND VENUE

1. Petitioner [PETITIONER NAME] is a [resident of [______] County, Georgia / entity organized under the laws of [_____]] with [residence / principal place of business] at [________________________________].

2. Respondent [RESPONDENT NAME] is, upon information and belief, [an individual / entity] whose last known address is [________________________________], subject to the jurisdiction of this Court.

3. This Court has subject-matter jurisdiction over this in personam action under O.C.G.A. § 23-3-40 et seq. and Ga. Const. Art. VI, § IV, ¶ I.

4. Venue is proper in [______] County under Ga. Const. Art. VI, § II, ¶ II because the real property is located in this county and equitable relief is sought respecting title to land.

II. THE SUBJECT PROPERTY

5. The real property at issue (the "Subject Property") is located at [________________________________], [______] County, Georgia, and is more particularly described as:

[INSERT FULL LEGAL DESCRIPTION]

Tax Parcel ID: [____________]
District / Land Lot / Section: [____________]
Commonly Known As: [________________________________]

III. PETITIONER'S TITLE

6. Petitioner holds record title to the Subject Property by virtue of:

☐ Warranty Deed from [__________] to Petitioner dated [__/__/____], recorded [__/__/____] in Deed Book [______], Page [______], [______] County Records.

☐ Limited Warranty Deed dated [__/__/____], Deed Book [______], Page [______].

☐ Quitclaim Deed dated [__/__/____], Deed Book [______], Page [______].

☐ Tax Deed under O.C.G.A. § 48-4-1 et seq. dated [__/__/____], Deed Book [______], Page [______].

☐ Year's Support Award / Probate proceeding in Estate No. [____________].

☐ Adverse possession under O.C.G.A. § 44-5-163 (20 years) or § 44-5-164 (7 years color of title).

IV. THE CLOUD ON TITLE (O.C.G.A. § 23-3-42)

7. Respondent claims an estate or interest in the Subject Property adverse to Petitioner by reason of (the "Cloud"):

☐ [Security Deed / Deed to Secure Debt] recorded [__/__/____] in Deed Book [______], Page [______].

☐ [Deed] recorded [__/__/____] in Deed Book [______], Page [______].

☐ [Judgment lien] entered [__/__/____] in Case No. [____________].

☐ [Mechanics lien / Materialmen's lien] recorded [__/__/____].

☐ [Easement / Restriction] recorded [__/__/____] in Deed Book [______], Page [______].

☐ Unrecorded or off-record claim.

8. The Cloud is invalid, unenforceable, satisfied, extinguished, or otherwise of no force or effect because: [________________________________].

9. Under O.C.G.A. § 23-3-42, the Cloud (a) is purportedly enforceable on its face but in fact unenforceable due to facts not appearing on the face; (b) requires extrinsic evidence to defeat; and (c) operates as a present annoyance and prospective liability, the cancellation of which is necessary to Petitioner's perfect protection.

V. PRAYER (CONVENTIONAL QUIA TIMET)

WHEREFORE, Petitioner prays:

A. That this Court enter judgment cancelling the Cloud described herein, ordering the same delivered up and canceled of record pursuant to O.C.G.A. § 23-3-40;

B. That Petitioner's title be declared paramount as against the named Respondents;

C. That the Clerk of Superior Court of [______] County be directed to expunge or note canceled the instrument constituting the Cloud;

D. For costs of suit pursuant to O.C.G.A. § 23-3-41; and

E. For such other and further relief as the Court deems just.

OPTION B — STATUTORY QUIA TIMET AGAINST ALL THE WORLD

(O.C.G.A. § 23-3-60 et seq.)

NOW COMES Petitioner, [PETITIONER NAME], by and through undersigned counsel, and pursuant to O.C.G.A. § 23-3-60 et seq., files this Verified Petition to Quiet Title Against All the World, and shows:

I. PARTIES, JURISDICTION, AND VENUE

1. Petitioner is described in Paragraph 1 above and incorporates that paragraph herein.

2. Respondents include all persons known and unknown who may claim any right, title, interest, lien, or estate in the Subject Property, including but not limited to [NAMED RESPONDENT(S)], the unknown heirs, devisees, legatees, executors, administrators, successors, and assigns of [__________], deceased; and all other persons whomsoever (collectively, "all the world").

3. This Court has jurisdiction under O.C.G.A. § 23-3-60 et seq. and Ga. Const. Art. VI, § IV, ¶ I.

4. Venue is proper in [______] County, where the Subject Property is located.

II. THE SUBJECT PROPERTY AND PETITIONER'S INTEREST

5. The Subject Property is described in Paragraph 5 above and incorporated herein.

6. Petitioner is in actual, peaceable possession of the Subject Property and/or holds record fee simple title thereto, as evidenced by the instruments listed in Paragraph 6 above.

7. Petitioner [has been in / together with predecessors in title has been in] actual, open, notorious, exclusive, continuous, and uninterrupted possession of the Subject Property under claim of right since [__/__/____].

III. PETITION FOR DECREE AGAINST ALL THE WORLD

8. Petitioner desires to have its title to the Subject Property established as against all the world pursuant to O.C.G.A. § 23-3-60.

9. The grounds upon which Petitioner asserts title include:

☐ Record fee simple title by chain of recorded deeds dating from at least [__/__/____].

☐ Adverse possession for 20 years under O.C.G.A. § 44-5-163.

☐ Adverse possession for 7 years under color of title under O.C.G.A. § 44-5-164.

☐ Tax deed and statutory ripening under O.C.G.A. § 48-4-48 (after four years from tax deed recording).

☐ Other: [________________________________].

10. The persons or entities, known or unknown, who may have or claim to have any right, title, interest, lien, or estate in the Subject Property are listed (to the extent known) in the schedule of named Respondents above, and as to all others, are joined as "all the world."

11. Pursuant to O.C.G.A. § 23-3-62, the petition is accompanied by:

☐ A plat of survey of the Subject Property prepared by [__________], registered Georgia Land Surveyor No. [______], dated [__/__/____], attached as Exhibit A.

☐ A complete abstract of Petitioner's chain of title for at least 50 years, attached as Exhibit B.

☐ A schedule of all persons known to have any adverse claim, attached as Exhibit C.

IV. REQUEST FOR APPOINTMENT OF SPECIAL MASTER (§ 23-3-63)

12. Petitioner respectfully requests that this Court appoint a Special Master pursuant to O.C.G.A. § 23-3-63 to oversee these proceedings, determine the necessary parties, supervise service (including by publication, if necessary), conduct the hearing, and make findings of fact and conclusions of law for the Court's consideration.

V. PRAYER (STATUTORY QUIA TIMET)

WHEREFORE, Petitioner prays:

A. That the Court appoint a Special Master pursuant to O.C.G.A. § 23-3-63;

B. That all persons known or unknown who may have any claim to the Subject Property be served as directed by the Special Master, including by publication where appropriate;

C. That, upon final hearing, the Court enter a decree pursuant to O.C.G.A. § 23-3-65 establishing Petitioner's title to the Subject Property as against all the world, binding upon and conclusive against all persons, known and unknown;

D. That the decree be recorded in the Office of the Clerk of Superior Court of [______] County to perfect Petitioner's title;

E. For costs; and

F. For such other and further relief as is just.

VERIFICATION

STATE OF GEORGIA )
) ss.
COUNTY OF [______] )

Personally appeared before me [PETITIONER NAME], who, after being duly sworn, deposes and states that [he/she/the affiant] is the Petitioner in the foregoing Petition, that [he/she] has read the Petition, and that the facts stated therein are true and correct to the best of [his/her] personal knowledge and belief.

_________________________________
[PETITIONER NAME]

Sworn to and subscribed before me this [____] day of [__________], 20[____].

_________________________________
Notary Public, State of Georgia
My commission expires: [__/__/____]

[NOTARY SEAL]

Respectfully submitted this [____] day of [__________], 20[____].

_________________________________
[ATTORNEY NAME]
Georgia Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Petitioner

NOTICE OF LIS PENDENS

O.C.G.A. § 44-14-610 et seq.

TO ALL WHOM IT MAY CONCERN:

NOTICE IS HEREBY GIVEN that the following action is now pending in the Superior Court of [______] County, Georgia, affecting title to the real property described below:

REAL PROPERTY AFFECTED:

[INSERT FULL LEGAL DESCRIPTION]

Tax Parcel ID: [____________]
District / Land Lot: [____________]
Common Address: [________________________________]

Pursuant to O.C.G.A. § 44-14-610, this Notice shall, when filed and indexed in the Lis Pendens Docket of the Clerk of Superior Court of [______] County, Georgia, constitute notice of the pendency of this action to all persons. Pursuant to O.C.G.A. § 44-14-612, no person whose conveyance or contract has not been duly filed prior to the filing of this notice shall, while the action is pending, take any interest free of the action.

Dated: [__/__/____]

_________________________________
[ATTORNEY NAME]
Georgia Bar No. [____________]
Attorney for Petitioner
[FIRM / ADDRESS / PHONE / EMAIL]

FILE AND INDEX IN LIS PENDENS DOCKET OF [______] COUNTY, GEORGIA.

SUMMONS

IN THE SUPERIOR COURT OF [______] COUNTY

STATE OF GEORGIA

TO THE ABOVE-NAMED RESPONDENT(S):

YOU ARE HEREBY SUMMONED and required to file with the Clerk of said Court and serve upon Petitioner's attorney, whose name and address appear below, an Answer to the Petition which is herewith served upon you, within THIRTY (30) DAYS after service of this Summons upon you, exclusive of the day of service.

IF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION.

This [____] day of [__________], 20[____].

_________________________________
Clerk, Superior Court of [______] County

By: _____________________________ Deputy Clerk

[SEAL]

Petitioner's Attorney: [ATTORNEY NAME], GA Bar No. [____________]
[FIRM, ADDRESS, PHONE, EMAIL]

NOTICE OF SERVICE BY PUBLICATION

O.C.G.A. § 9-11-4(f)(1)

TO: The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Successors, Spouses, and Assigns of [__________], deceased; and all other persons claiming any right, title, interest, lien, or estate in the real property described below:

YOU ARE HEREBY NOTIFIED that Petitioner [PETITIONER NAME] has filed in the Superior Court of [______] County, Georgia, a Petition to Quiet Title under O.C.G.A. § 23-3-[40 / 60] et seq., Civil Action File No. [____________], seeking to quiet title to the following real property:

[LEGAL DESCRIPTION]
Tax Parcel ID: [____________]
Common Address: [________________________________]

YOU ARE REQUIRED to file an Answer with the Clerk of the Superior Court of [______] County and serve a copy upon Petitioner's attorney within SIXTY (60) DAYS of the date of the order for service by publication.

This Notice shall be published once each week for four (4) consecutive weeks in the [______ Newspaper], the official organ of [______] County, Georgia.

_________________________________
[ATTORNEY NAME], Attorney for Petitioner

AFFIDAVIT OF DILIGENT INQUIRY

STATE OF GEORGIA )
) ss.
COUNTY OF [______] )

[AFFIANT NAME], after being duly sworn, deposes and states:

1. Affiant is [Petitioner / counsel for Petitioner] in the above-styled action.

2. The names and/or residences of the following respondents cannot be ascertained after diligent inquiry: [list].

3. The following efforts were made:

☐ Search of the records of the Clerk of Superior Court of [______] County.
☐ Search of the Tax Commissioner's records.
☐ Search of Probate Court records.
☐ Current title examination by [__________] dated [__/__/____].
☐ Skip-trace and internet searches.
☐ Inquiry of neighbors and known associates.
☐ Other: [__________].

4. Despite diligent inquiry, the names and/or addresses cannot be ascertained, justifying service by publication under O.C.G.A. § 9-11-4(f)(1).

_________________________________
[AFFIANT NAME]

Sworn to and subscribed before me this [____] day of [__________], 20[____].

_________________________________
Notary Public, State of Georgia
My commission expires: [__/__/____]

TITLE SEARCH SUMMARY (ATTORNEY WORK PRODUCT — FOR FILE)

Exhibits to Petition:

• ☐ Exhibit A — Survey / Plat of Subject Property
• ☐ Exhibit B — Chain-of-title abstract
• ☐ Exhibit C — Schedule of known adverse claimants
• ☐ Exhibit D — Petitioner's deeds
• ☐ Exhibit E — Instrument(s) constituting the cloud
• ☐ Exhibit F — Tax payment receipts (if claiming adverse possession)
• ☐ Exhibit G — Affidavit of Diligent Inquiry

SOURCES AND REFERENCES

• O.C.G.A. § 23-3-40 (Purpose of Quia Timet — Conventional)
• O.C.G.A. § 23-3-41 (Relief Granted; Costs)
• O.C.G.A. § 23-3-42 (What Constitutes a Cloud on Title)
• O.C.G.A. § 23-3-43 (Discretion of Court; Equitable Defenses)
• O.C.G.A. § 23-3-60 (Purpose of Statutory Quia Timet)
• O.C.G.A. § 23-3-61 (Who May Bring)
• O.C.G.A. § 23-3-62 (Form of Petition; Schedule of Adverse Claimants)
• O.C.G.A. § 23-3-63 (Special Master; Service of Process)
• O.C.G.A. § 23-3-64 (Hearing; Findings)
• O.C.G.A. § 23-3-65 (Decree; Effect; Binding on All the World)
• O.C.G.A. § 44-5-163 (Adverse Possession — 20 Years)
• O.C.G.A. § 44-5-164 (Adverse Possession — 7 Years Color of Title)
• O.C.G.A. § 44-14-610 et seq. (Lis Pendens — Real Property)
• O.C.G.A. § 48-4-48 (Ripening of Tax Deed Title)
• O.C.G.A. § 9-11-4(f) (Service by Publication)
• Heath v. Stinson, 238 Ga. 364 (1977) (special master role in § 23-3-60)
• Earth Mgmt., Inc. v. Heard Cnty., 248 Ga. 442 (1981) (conventional vs. statutory quia timet)

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. The choice between conventional quia timet (§ 23-3-40) and statutory quia timet against all the world (§ 23-3-60) is consequential and fact-driven. A § 23-3-60 petition requires a Special Master and a 50-year title abstract. Consult a licensed Georgia attorney before filing.