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 Massachusetts, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is brought by an individual or entity (the plaintiff) who seeks to establish clear title against any other claims or interests that may exist (the defendants). The goal is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed ownership of the property in question. Massachusetts General Laws Chapter 240, Sections 1-10 outline the procedures for bringing a quiet title action in the state. These statutes provide the framework for the process, including the necessary pleadings, service of process, and the potential outcomes of the litigation. The resolution of a quiet title action in Massachusetts can result in a court order that confirms the plaintiff's title to the property, effectively eliminating any other claims. It is important for individuals involved in such disputes to consult with an attorney who is experienced in real estate law to navigate the complexities of a quiet title action.