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 West Virginia, 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 establish clear title to a piece of land by challenging any other claims to the property. The goal is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed ownership record. The defendant in a quiet title action is typically a party who has asserted some interest or claim to the property, and through the legal process, they are required to prove their claim or lose their right to assert it in the future. West Virginia's statutes and case law govern the procedures and requirements for filing a quiet title action, including the necessary pleadings, the statute of limitations, and the type of evidence that must be presented. It is important for individuals involved in a quiet title action in West Virginia to consult with an attorney to navigate the specific legal requirements and to ensure their property rights are adequately protected.