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 Arkansas, 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 claiming ownership (the plaintiff) to seek a court judgment confirming their title against anyone else who might have a claim (the defendants). The goal is to 'quiet' any challenges or claims to the title, providing a clear and undisputed ownership record. Arkansas law requires the plaintiff to provide notice to any known or unknown potential claimants, who are then given an opportunity to present their claims to the court. If the court finds in favor of the plaintiff, it will issue a judgment that establishes the plaintiff's title to the property and prevents the defendants from asserting any future claims. The specific procedures and requirements for a quiet title action in Arkansas are governed by state statutes and case law. It is important for individuals involved in such disputes to consult with an attorney to navigate the complexities of the process and to ensure that their rights are protected.