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 New Jersey, 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 establish their title against anyone else who claims an interest in the property (the defendant). The goal is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed ownership record. New Jersey's approach to quiet title actions is governed by state statutes and case law. The process typically involves filing a complaint in the Superior Court of New Jersey, providing notice to any potential claimants, and presenting evidence to support the plaintiff's title to the property. If successful, the court will issue a judgment that confirms the plaintiff's title and eliminates any adverse claims. It's important to note that the specifics of the procedure and the required evidence can be complex, and an attorney with experience in real estate law would be able to provide guidance tailored to the individual case.