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 Nevada, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit allows an individual or entity to establish their title against various claims or interests that others may have in the property. The plaintiff, who is the party seeking to 'quiet' the title, asks the court to issue an order that confirms their title to the property and eliminates any challenges or claims to the title by the defendant, who is the adverse claimant. The defendant is required to prove their interest in the property, and if they cannot, they are typically barred from asserting any claim to the property in the future. Nevada's statutes governing quiet title actions can be found in the Nevada Revised Statutes (NRS), and the specific procedures and requirements for these actions are outlined in the state's civil procedure rules. It is important for individuals involved in a quiet title action in Nevada to consult with an attorney to navigate the legal complexities and ensure that their rights are protected.