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 Delaware, 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, thereby 'quieting' any challenges or claims to the title by others (the defendants). The goal is to eliminate any doubts regarding the ownership of the property and to prevent future claims against it. Delaware's statutes and case law govern the procedures and requirements for bringing a quiet title action. These laws dictate how to properly serve notice to interested parties, the necessary pleadings to file, and the type of evidence required to prove clear title. The outcome of a quiet title action in Delaware is a court order that clarifies the ownership of the property and can be recorded with the county to provide public notice of the property's rightful owner. It's important to note that the specifics of the process can be complex, and an attorney with experience in real estate law would be able to provide guidance tailored to the individual case.