The Short Answer

In Florida, a quiet title (or “remove cloud”) lawsuit is a circuit court case asking a judge to declare your ownership and cancel an adverse claim or defective instrument affecting your property. The “steps” are less about filling out a form and more about proving a legally sufficient chain of title and properly binding every person or entity that could claim an interest.

What Florida Law Says

Florida law allows an owner (or certain prior owners who warranted title) to bring an action to quiet title or remove a cloud when someone asserts an adverse claim, or when a recorded instrument (like a deed or mortgage) is defective or otherwise creates uncertainty in the public records. In many cases, the court’s final judgment can be recorded in the county’s official records to clarify title going forward.

The Statute

The primary law governing this issue is Fla. Stat. § 65.061.

This statute authorizes a lawsuit to cancel an adverse “conveyance or other evidence of title” or claim that casts a cloud on the true owner’s title, and it requires the plaintiff to deraign title from the original source or for at least 7 years before filing (unless the court directs otherwise). See Fla. Stat. § 65.061(3).

Florida also recognizes related “remove cloud” jurisdiction more generally. See Fla. Stat. § 65.021 and Fla. Stat. § 65.031.

If your title issue is tied to an inheritance, these related reads may help you understand how quiet title intersects with probate: quiet title and inherited property transfers, setting aside a potentially fraudulent deed, and proof needed to show full inherited ownership.

Why You Should Speak with an Attorney

Even though people often ask for the “steps,” quiet title cases are won or lost on technical requirements and who gets included in the case. While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Title disputes can be affected by timing defenses (including delay-based defenses) and by how long the alleged defect has existed. Waiting can make a case harder to prove and resolve cleanly.
• Burden of Proof: Florida law may require you to deraign title from the original source or for at least 7 years and identify the recorded instruments by book and page. See Fla. Stat. § 65.061(3). If your chain of title runs through an estate, missing probate documents or unclear heirship can create major proof problems.
• Exceptions and missing parties: A quiet title judgment generally won’t bind people who aren’t properly made parties. Florida law expressly warns that someone not a party is not bound by an adverse judgment. See Fla. Stat. § 65.041. That means a “successful” case can still leave you with a cloud if the wrong defendants were named or served.

Because the remedy is designed to clear title for lenders, buyers, and title insurers, small pleading or party-identification mistakes can lead to delays, added expense, or a judgment that doesn’t actually fix the problem.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.