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 Louisiana, a quiet title action is a legal proceeding used to clarify the ownership of real property and resolve any disputes over the title. This type of lawsuit is typically filed when there are competing claims to a property or when the title is clouded by issues such as irregularities in deeds, claims by unknown heirs, or old mortgages that have not been properly discharged. The goal of a quiet title action in Louisiana is to 'quiet' any challenges or claims to the title, so that the plaintiff can have a clear and undisputed ownership of the property. Louisiana's laws on quiet title actions can be found in the state's statutes, specifically under the Louisiana Code of Civil Procedure. The process involves filing a petition in the district court where the property is located, serving all interested parties, and ultimately obtaining a judgment that determines the rightful ownership of the property. If successful, the judgment serves to eliminate any adverse claims against the title, providing the plaintiff with a 'quieted' title.