Quieting of Title

QUIETING OF TITLE TO/INTEREST IN AND REMOVAL/PREVENTION OF CLOUD OVER TITLE TO/INTEREST IN REAL PROPERTY

Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.

1. REQUIREMENT

(1) There is a cloud on title to real property or any interest to real property.

(2) Plaintiff has legal or equitable title to or interest in the subject/real property.

Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. He need not be in possession of said property.

(3) Instrument, record, claim, encumbrance or proceeding must be valid and binding on its face but in truth and in fact invalid, ineffective, voidable or unenforceable; contract upon which defendant relies has been extinguished or terminated, or has prescribed.

Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription.

(4) Plaintiff must return           benefits received from the defendant.

Art. 479. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit.

2. DISTINCTION BETWEEN QUIETING TITLE AND REMOVING/PREVENTING A CLOUD

QUIETING TITLE	REMOVING A CLOUD	PREVENTING A CLOUD
Purpose is to put to an end to vexatious troublesome litigation over the property involved	Intended to procure the cancellation; delivery; release of an instrument, encumbrance or claim, which constitutes a claim in plaintiff’s title, and which may be used to injure or to vex him in his enjoyment of his title.	Removal of a possible foundation for a future hostile claim.
Remedial action: involving a present adverse claim	Preventive action: removes cloud which may be used for future actions	Preventive action: to prevent a future cloud on the title
Plaintiff asserts his own estate   and generally defendant claims some estate on the land, without defining it and avers that the claim is without foundation and calls on the defendant to set forth the nature of his claim for determination	Declares his own title and also avers he source and nature of the defendant’s claim, points out its defects and prays it be declared void
Filed against people who have claims; claims are more general in nature	Filed against defendant who asserts claims based on an invalid instrument (but not apparent)

3. PRESCRIPTION/NON-PRESCRIPTION OF ACTION

Imprescriptible if plaintiff is in possession; if not, prescribes within period for filing accion publiciana, accion reivindicatoria.