Maumelle approves quiet-title actions to clarify ownership of subdivision common areas

The Maumelle City Council on June 2 directed the city attorney to pursue quiet-title actions to resolve disputes over ownership of several subdivision "common property" parcels after staff presented an attorney’s title opinion supporting the city’s ownership.

The city attorney explained that some deeds included quitclaim transfers from the original developer to private parties, and those parties have attempted to sell or otherwise assert ownership of green spaces and trail corridors. "Those individuals who assert that they own the common properties did purport to sell one of those subdivision common properties," the city attorney said, adding that the city retained a title-examination attorney who opined the city owns the disputed parcels.

Council members raised questions about whether the action would cover all common areas (it will not) and stressed the need to prevent a precedent that would encourage "land grabs" by adjacent homeowners. Council Member Terry (Williams) and others noted that some parcels are clearly dedicated to the city while others may require court action to clear the chain of title.

Council moved, seconded and approved a motion directing the city attorney to proceed with quiet-title filings for the disputed properties identified in the packet. The attorney said the filings are intended to protect trails, greenways and larger open spaces from improper private claims and to remove title clouds that could permit inappropriate development of common areas.

Staff and council said this first round addresses a limited set of subdivisions where quitclaim deeds created a cloud on the city’s title; additional parcels may be pursued if similar claims surface in the future.