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 Tennessee, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is filed by an individual or entity (the plaintiff) who seeks to 'quiet' any challenges or claims to their title by requiring those who may have an interest (the defendants) to prove their claim to the property or be barred from asserting it in the future. The goal of a quiet title action is to provide clear and uncontested title to the plaintiff. Tennessee's statutes and case law govern the procedures and requirements for bringing a quiet title action, including the necessary pleadings, the parties that must be served, the type of evidence that is admissible, and the potential remedies. The resolution of a quiet title action in Tennessee results in a judicial determination of the parties' rights to the property in question, thereby 'quieting' any disputes and providing certainty of ownership.