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 Mississippi, 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 claiming ownership (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 goal is to eliminate any doubts or disputes regarding the ownership of the land, and to prevent future claims against it. Mississippi law requires that the plaintiff provide notice to any known or unknown parties who may have an interest in the property, which may include heirs, lien holders, or other claimants. The process involves filing a complaint in the chancery court of the county where the property is located, followed by a judicial examination of the evidence. If the court finds in favor of the plaintiff, it will issue a judgment that establishes the plaintiff's clear title to the property, barring others from asserting claims in the future. The specific procedures and requirements for a quiet title action in Mississippi are governed by state statutes and case law.