An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title.
This legal action is "brought to remove a cloud on the title" so that plaintiff and those in privity with him may forever be free of claims against the property. The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment.
This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant." However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure. Nonetheless, in some states, all terms are used synonymously.
Other articles related to "title, quiet title":
... private property system, documents of title are commonly used for real estate, motor vehicles, and some types of intangible property ... In some cases, a title can also serve as a permanent legal record of condemnation of property, such as in the case of an automobile junk or salvage title ... In the case of real estate, the legal instrument used to transfer title is the deed ...
... Unlike acquisition through a deed of sale, a quiet title action will give the party seeking such relief no cause of action against previous owners of the ... Quiet title actions do not “clear title” completely ... for the purpose of clearing a particular, known claim, title defect, or perceived defect ...
Famous quotes containing the words title and/or quiet:
“Down the road, on the right hand, on Bristers Hill, lived Brister Freeman, a handy Negro, slave of Squire Cummings once.... Not long since I read his epitaph in the old Lincoln burying-ground, a little on one side, near the unmarked graves of some British grenadiers who fell in the retreat from Concord,where he is styled Sippio Brister,MScipio Africanus he had some title to be called,a man of color, as if he were discolored.”
—Henry David Thoreau (18171862)
“I could be well content
To entertain the lag end of my life
With quiet hours.”
—William Shakespeare (15641616)