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 Michigan, 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 seek a court judgment confirming their title to the property, thereby 'quieting' any challenges or claims to the title by others. The Michigan Compiled Laws (MCL) provide the statutory framework for quiet title actions under MCL 600.2932. The plaintiff in a quiet title action must provide notice to any known or unknown parties who may have an interest in the property, and the court will determine the validity of all claims. If the plaintiff is successful, the court will issue a judgment that establishes the plaintiff's ownership of the property free from claims by others. This legal remedy is essential for property owners who need to clear defects in their title, resolve boundary disputes, or eliminate liens or other encumbrances. It's important for individuals involved in such disputes to consult with an attorney to navigate the complexities of property law and to ensure that their rights are adequately protected.