My apologies for the cross postings:

Dear Colleagues -
Has anyone out there used quiet title law to establish ownership of objects
in your collections (successfully or otherwise)?
Quiet title is defined as "a lawsuit to establish a party's title to real
property against anyone and everyone, and thus "quiet" any challenges or
claims to the title. Such a suit usually arises when there is some question
about clear title, there exists some recorded problem (such as an old lease
or failure to clear title after payment of a mortgage), an error in
description which casts doubt on the amount of property owned, or an
easement used for years without a recorded description. An action for quiet
title requires description of the property to be "quieted," naming as
defendants anyone who might have an interest (including descendants-known or
unknown- of prior owners), and the factual and legal basis for the claim of
title. Notice must be given to all potentially interested parties, including
known and unknown, by publication. If the court is convinced title is in the
plaintiff (the plaintiff owns the title), a quiet title judgment will be
granted which can be recorded and thus provide legal "good title." Quiet
title actions are a common example of "friendly" lawsuits in which often
there is no opposition."

Any comment would be appreciated, either on or off the list.

Thanks in Advance -
Malia Baron
Assistant Registrar
Bernice P. Bishop Museum
1525 Bernice Street
Honolulu, Hawaii 96817
(808) 847-3511 ext. 349
[log in to unmask]
www.bishopmuseum.org

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