A quiet title action—also known as a trespass to try title action—is a lawsuit against a party who claims an interest in a piece of real property (land). In a quiet title action, the plaintiff seeks to establish the plaintiff’s title (ownership interest) in the land by forcing the adverse claimant (the defendant) to establish or prove an interest in the land or be forever estopped (precluded) from asserting an interest in the land.
The resolution of such a lawsuit is designed to settle or quiet a disputed claim to title or ownership of the land.
Laws regarding quiet title actions may vary from state to state and may be located in a state’s statutes or in its court opinions (common law or case law). The terms used for such a claim may also vary and in some states there may be a distinction between a quiet title claim and a trespass to try title claim—or a quiet title claim may be treated as an informal reference to a trespass to try title claim.
In Alaska, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit allows a person or entity (the plaintiff) to seek a court judgment confirming their title to the property and eliminating any challenges or claims to the title by others (the defendants). The goal is to 'quiet' any claims or disputes, providing clear and uncontested ownership. Alaska's statutes provide the framework for these actions, which can be found under Alaska Statutes Title 09 - Code of Civil Procedure, Chapter 45 - Actions Relating to Real Property. The process involves filing a complaint in the appropriate court, serving all interested parties, and potentially going to trial if the dispute cannot be resolved through negotiation or mediation. If the plaintiff is successful, the court will issue a judgment that establishes the plaintiff's title to the property and prevents the defendants from asserting any future claims against it.