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 Alabama, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is filed by an individual or entity (the plaintiff) who seeks to 'quiet' any challenges or claims to their title by requiring those who may have an interest (the defendants) to prove their claim or be permanently barred from asserting it in the future. The goal of a quiet title action is to provide clear and uncontested title to the property owner. Alabama's statutes outline the procedures for filing a quiet title action, which typically involves a thorough examination of the property's history and any potential claims against it. The process may include a title search, legal notices to potential claimants, and a court hearing. The outcome of a quiet title action in Alabama is a court judgment that clarifies the ownership of the property, thereby settling disputes and eliminating uncertainties regarding the title.