Does a filed “Stipulation” take precedence overover a filed “Complaint to Quiet Title”?

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Does a filed “Stipulation” take precedence overover a filed “Complaint to Quiet Title”?

A neighboring property owner is asking me to sign 2 documents: 1) Complaint to Quiet Title (where it states the full legals have been in their complete control), and 2) Stipulation – the language states that I have adverse possession of a strip of land on my side of the road. Before I sign, which document ultimately “rules”?

Asked on October 20, 2010 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Do not sign either document until an attorney looks at them for you.  First of all, why would you be signing a Complaint to Quiet Title?  Are YOU bringing the action to quiet title as to the piece of land?  The two documents are not necessarily mutually exclusive and without reading them both together here one could give you the wrong impression of what is the right way to proceed.  Generally speaking a stipulation (and i am assuming that it is a stipulation of settlement as to the action to quiet title) would settle the matters in the complaint to quiet title.  But again, I do not know without looking at the documents if this is true.  Get help.  And DON'T sign.


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