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 North Carolina, a quiet title action, also known as a suit to remove a cloud, is a legal proceeding used to establish a party's title to real property against anyone and everyone, and thus 'quiet' any challenges or claims to the title. This type of lawsuit is necessary when there is a dispute over the ownership of a piece of land, such as conflicting claims of ownership, issues with the property's history, or other circumstances that cast doubt on the legal title. The plaintiff in a quiet title action seeks a court order that resolves any disputes or ambiguities about the property's ownership and declares the plaintiff as the rightful owner of the property. North Carolina's statutes provide the framework for these actions, and the process may involve a thorough examination of the property's history, including deeds, wills, and other legal documents. The outcome of a quiet title action is a clear and uncontested title to the property. It's important to note that the specifics of the process and the applicable law can be complex, and an attorney with experience in real estate law would be able to provide guidance tailored to the individual case.