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 Oregon, 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). Oregon's statutes governing quiet title actions can be found under Oregon Revised Statutes (ORS) Chapter 105, specifically ORS 105.605 through 105.620. These laws set forth the procedures for initiating a quiet title action, including the requirements for serving notice to adverse claimants and the potential for a court to issue a decree that establishes the plaintiff's title to the property in question. The resolution of a quiet title action in Oregon is intended to provide clear and marketable title to the plaintiff, free from any competing claims. It's important to note that the specifics of the process and the relief available can be complex, and an attorney with experience in real estate law would be able to provide guidance tailored to the individual circumstances of a case.