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 Illinois, 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 purpose of a quiet title action is to eliminate any doubts or disputes regarding the ownership of the land, and to prevent future claims against the property. Illinois statutes govern the procedures and requirements for filing a quiet title action, which typically involve providing notice to any potential claimants, presenting evidence of ownership, and following specific procedural rules set forth in the state's civil practice law. If successful, the plaintiff receives a court order that establishes their ownership of the property free and clear of any adverse claims. It is important for individuals involved in a quiet title action to consult with an attorney to navigate the complexities of the legal process and to ensure that their rights are adequately protected.