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 North Dakota, 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 or entity (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 over the property's ownership and to prevent future claims against it. North Dakota's laws governing quiet title actions can be found in the North Dakota Century Code (NDCC), particularly in Title 32 (Judicial Remedies), Chapter 32-17 (Quieting Title to Real Estate). The process involves filing a complaint in the district court where the property is located, serving notice to any adverse claimants, and ultimately obtaining a court order that clarifies and establishes the plaintiff's ownership rights. If the adverse claimants fail to prove their interest in the property, they may be barred from asserting any future claims. It's important to consult with an attorney to navigate the specifics of a quiet title action in North Dakota, as the procedure and requirements can be complex.