Quiet title is a claim under Florida law to remove a cloud on title to real property. It is established in and regulated by Chapter 65 of the Florida Statutes. It is often used where a party records an improper lien or claim against the ownership of real property. Slander of title is used to obtain damages flowing from a lien or claim that was wrongfully recorded against the title. In addition, Florida provides for declaratory relief, constructive trusts, and equitable mortgages where claims pertain to the title to real property.
The goal of a quiet title claim in a lawsuit is to fix the title in that the result removes a cloud on the title. A quiet title action is an equitable claim so there are no fees awardable unless a contract or statute separately provides for those.
Quiet title is not about possession of property like an eviction or ejectment. Quiet title is focused on the ownership of real property evidenced by the title. Our system of property ownership in Florida is based on deeds recorded in books maintained by the county where the real property is situated. The system of deeds creates the title and chain of title to the property providing a clear record of who the owner is at any given time. While the official records were once kept in physical books, they are now stored electronically and documents can be electronically recorded reflecting the evolution of technology and its impact on property titles.
Quiet title actions also differ from other property claims in that they do not seek or result in money damages. The purpose of a quiet title claim in a lawsuit is to perfect or clean up the title. When a property owner wants to obtain money damages for filings that negatively impacted the title or to clarify certain rights related to the parcel of land the property owner can file claims such as slander of title or declaratory relief.
Slander of title derives from the claim of slander. The term slander is occasionally used interchangeably with the term defamation. Technically slander is the spoken word while libel refers to the printed word. Both slander and libel are referred to as defamation generally speaking but in common parlance people often refer to defamation as slander.
When a recorded document such as a lien or lis pendens detrimentally affects the title to a particular parcel of property the titleholder can sue the other party for slander of title. The purpose of that claim is to obtain damages for the negative impact to the title. Because the claim is based on an intentional tort the proponent can also seek punitive damages if the required conditions are met. In some cases the judge can also award attorneys fees incurred in the removal of the wrongful lien or claim.