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 Hawaii, 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 claiming ownership (the plaintiff) to seek a court judgment confirming their title against anyone else who might have a claim (the defendants). The goal is to 'quiet' any challenges or claims to the title, providing a clear and undisputed ownership record. Hawaii's statutes govern the procedures and requirements for filing a quiet title action, including the necessary pleadings, the parties that must be named, and the type of notice that must be given to potential claimants. The outcome of a quiet title action in Hawaii is a court order that resolves the issue of ownership and can be recorded with the Bureau of Conveyances, which then provides a public record of the property's title status. It's important to note that the specifics of the process and the legal standards applied can vary, so consulting with an attorney experienced in Hawaii real estate law is advisable for anyone considering a quiet title action.