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 Missouri, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is filed by an individual or entity (the plaintiff) who seeks to 'quiet' any challenges or claims to their title by requiring those who may have an interest (the defendants) to prove their claim to the property. If they cannot do so, they are barred from any future claims to the title. Missouri statutes govern the procedures and requirements for filing a quiet title action, which can be found under the Missouri Revised Statutes. The process typically involves filing a complaint with the court, serving all interested parties, and presenting evidence to support the plaintiff's claim to clear title. The court's judgment in a quiet title action is conclusive, providing the plaintiff with a clear title to the property, free from any adverse claims. It's important to note that the specifics of the process and the relief available can vary, and an attorney can provide guidance tailored to the individual case and current Missouri law.