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 Nebraska, 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 the plaintiff with a clear and undisputed ownership of the property. Nebraska statutes govern the procedures for filing a quiet title action, including the necessary pleadings, the parties that must be served, the type of notice required, and the potential outcomes of the litigation. The resolution of a quiet title action in Nebraska results in a judicial determination of the rightful owner of the property, which is then recorded and serves to eliminate any adverse claims. If the adverse claimant cannot prove their interest in the property, they will be barred from asserting any future claims to the title. It's important to consult with an attorney experienced in real estate law to navigate the specifics of a quiet title action in Nebraska.