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 California, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit allows an individual or entity, known as the plaintiff, to seek a judicial determination of their title against anyone who claims an adverse interest in the property, referred to as the defendant. The goal of a quiet title action is to 'quiet' any challenges or claims to the title, thereby providing clear and uncontested ownership to the plaintiff. California's procedures for quiet title actions are governed by state statutes, specifically outlined in the California Code of Civil Procedure. The process involves filing a complaint in the appropriate county where the property is located, serving all interested parties, and sometimes recording a lis pendens to provide public notice of the pending litigation. If the plaintiff is successful, the court will issue a judgment that establishes the plaintiff's title to the property and eliminates the adverse claims. It's important for individuals involved in such disputes to consult with an attorney to navigate the complexities of the law and to ensure their rights are protected throughout the legal process.