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 South Dakota, 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). The goal is to eliminate any doubts or disputes over the property's ownership and to prevent future claims against it. South Dakota's statutes provide the framework for these actions, which typically involve the plaintiff providing proof of their claim to the title and the defendant being given an opportunity to present any competing claims. If the defendant cannot substantiate their claim, the court may issue a judgment in favor of the plaintiff, which can then be recorded to provide public notice of the plaintiff's clear title. It's important to note that the specific procedures and requirements for a quiet title action in South Dakota may be detailed in state statutes, and an attorney can provide guidance on the process and represent the interests of the parties involved.