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 Ohio, 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 'quiet' any challenges or claims to their title to the property. The goal is to obtain a court order that confirms the plaintiff's title to the property and eliminates any other claims or liens against it. Ohio's quiet title actions are governed by state statutes, specifically under Ohio Revised Code Chapter 5303, and case law. The process involves filing a complaint in the county where the property is located, serving all interested parties, and presenting evidence to support the plaintiff's claim of clear title. If successful, the court will issue a judgment that establishes the plaintiff's title and prevents the defendant or any other party from asserting an interest in the property in the future. It's important to note that the specifics of the process and the required evidence can vary, so consulting with an attorney experienced in real estate law is advisable for anyone considering a quiet title action in Ohio.