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 Colorado, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit allows an individual or entity (the plaintiff) to seek a court judgment confirming their title to the property, thereby 'quieting' any challenges or claims to the title by others (the defendants). Colorado's statutes governing quiet title actions can be found under Colorado Revised Statutes (C.R.S.) Title 38, Property – Real and Personal. The process involves filing a complaint in the district court in the county where the property is located. The plaintiff must provide notice to any known or unknown parties who may have an interest in the property, and these parties are given an opportunity to present their claims. If the court finds in favor of the plaintiff, it will issue a decree that establishes the plaintiff's title to the property and prevents the defendants from asserting any further claims. This legal remedy is crucial for clarifying property rights, especially when there are competing interests or unclear historical ownership records.