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 New Mexico, a quiet title action is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is brought by an individual or entity (the plaintiff) who seeks to establish clear title to a piece of land by challenging any other claims to the property. The defendant in a quiet title action is typically a party who has asserted an interest in the property, such as a lienholder or a party with a competing deed. The goal of the action is to 'quiet' any challenges or claims to the title, thereby providing the plaintiff with a clear and undisputed ownership claim. New Mexico statutes govern the procedures and requirements for filing a quiet title action, and these laws are supplemented by case law. The process involves filing a complaint in the appropriate court, serving notice to interested parties, and potentially going to trial if the matter is contested. If the plaintiff is successful, the court will issue a judgment that establishes the plaintiff's title to the property and eliminates the adverse claims.