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 York, a quiet title action, also known as an action to remove a cloud, is a legal proceeding used to establish or settle an individual's title to real property against anyone and everyone, and thus 'quiet' any challenges or claims to the title. This type of lawsuit is necessary when there is a dispute over the ownership of the property, such as when there are claims by other parties, liens, or any encumbrances that may affect the title. The action is governed by Article 15 of the New York Real Property Actions and Proceedings Law (RPAPL). The plaintiff in a quiet title action seeks a court judgment that validates their title to the land and eliminates the adverse interests of the defendant or defendants. If successful, the judgment will prevent the defendant from making any further claims to the property. It's important to note that the specific procedures and requirements for a quiet title action in New York may be complex and can involve detailed legal analysis and procedural steps. Therefore, individuals involved in such disputes typically seek the assistance of an attorney to navigate the process.