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 Arizona, a quiet title action is a legal process used to resolve disputes over the ownership of real property. This type of lawsuit allows an individual or entity to establish their title against various claims made by others. The goal is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed ownership record. Arizona's statutes governing quiet title actions can be found under Title 12 of the Arizona Revised Statutes, specifically in Chapter 8, which deals with actions relating to real property. The process involves filing a complaint in the appropriate county where the property is located, serving all interested parties, and ultimately obtaining a court judgment that determines the rightful ownership of the property. If the court finds in favor of the plaintiff, it will issue an order that quiets the title in the plaintiff's name, effectively eliminating the adverse claims. It is important for individuals involved in a quiet title action in Arizona to consult with an attorney to navigate the specific legal requirements and procedures.