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 Georgia, 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 to establish their title against various claims or interests that others may have in the property. Under Georgia law, specifically O.C.G.A. § 23-3-40 et seq., the plaintiff can file a quiet title action to 'remove clouds' from the title and to quiet any challenges or claims to their ownership. The process involves serving notice to all interested parties, who then have the opportunity to present their claims. If they fail to prove a valid interest in the property, the court may issue an order that effectively eliminates their claims, thereby 'quieting' the title in favor of the plaintiff. It's important to note that quiet title actions in Georgia can be either 'ex parte' (without the presence of the adverse party) or 'adversarial' (with the adverse party), depending on whether the adverse party is known and can be located. An attorney can provide specific guidance on the process and requirements for filing a quiet title action in Georgia.