If the court determines that none of the defendants have any right, title, interest, lien or estate in the property, it shall render its final decree quieting the plaintiff's title. If the court determines that any of the defendants have any right, title, interest, lien or estate in the property, it shall render its decree establishing these rights and may order the sale of the property or partition thereof. The decree shall direct the public officer having the record of the assessment, bond or certificate of sale to cancel the record thereof.
§ 801.12.Decree
Title 10. Actions In Particular Cases · Chapter 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments · Enacted 1949 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 801.12 requires a decree quieting the plaintiff's title if no defendant has any interest in the property, or a decree establishing any defendant's rights and potentially ordering a sale or partition if some defendant does, and directs the custodian official to cancel the assessment, bond, or certificate record.
Full Text of § 801.12
Plain-English Summary
The decree here can go one of two directions, depending on what the trial establishes. If none of the defendants turns out to have any right, title, interest, lien, or estate in the property, the court renders a final decree quieting the plaintiff's title outright.
If some defendant does hold a real interest, the court instead renders a decree establishing that interest, and may order the property sold or partitioned to account for it. Either way, the decree directs the public officer who holds the assessment, bond, or certificate record to cancel that record — closing out the old lien or certificate for good.
Frequently Asked Questions
What happens if no defendant has any interest in the property?
The court renders a final decree quieting the plaintiff's title.
What happens if a defendant does have a real interest?
The court renders a decree establishing that interest and may order the property sold or partitioned.
What does the decree require of the public official who holds the assessment record?
The decree directs that official to cancel the record of the assessment, bond, or certificate of sale.
Amendment History
Added by Stats. 1949, Ch. 1108.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: decree quieting title assessment lien california