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 Wisconsin, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is brought by an individual or entity (the plaintiff) who seeks to establish clear title against any other claims or interests that may cloud their ownership. The plaintiff asks the court to 'quiet' any challenges or claims to the title, thereby confirming the plaintiff's title to the property. Wisconsin's statutes govern the procedures and requirements for filing a quiet title action, which typically involves serving notice to any potential claimants, presenting evidence of ownership, and possibly a trial if the claim is contested. The outcome of a quiet title action is a court judgment that clarifies and settles the ownership of the property in question, removing any doubts or competing claims. It's important to note that the specifics of the process can be complex, and an attorney with experience in real estate law would be able to provide guidance tailored to the individual case.