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 Indiana, 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 court judgment confirming their title to the property and eliminating any challenges or claims to the title by others, known as defendants. The purpose of a quiet title action is to 'quiet' any competing claims or interests and provide clear and uncontested ownership of the property to the plaintiff. Indiana's statutes governing quiet title actions can be found in the Indiana Code, and the specific procedures and requirements for such actions are outlined in these laws. The resolution of a quiet title action in Indiana results in a court order that determines the rightful owner of the property and extinguishes any other claims, thereby providing legal certainty and a clear title to the plaintiff. It's important to note that the process and terminology may differ slightly from other states, and an attorney experienced in Indiana property law would be able to provide detailed guidance on pursuing a quiet title action in the state.