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 South Carolina, a quiet title action, also known as a trespass to try title action, is a legal proceeding used to establish a party's title to real property and resolve disputes over land ownership. The plaintiff in a quiet title action seeks a court judgment confirming their title and eliminating any adverse claims made by others. This process effectively 'quiets' any challenges or claims to the property, ensuring that the plaintiff's title is clear and marketable. South Carolina's laws governing quiet title actions can be found within the state's statutes and are also shaped by case law. The specific procedures and requirements for initiating and conducting a quiet title action in South Carolina are detailed in the state's laws and may include the necessity of providing notice to adverse claimants, the statute of limitations for filing the action, and the evidentiary standards required to prove ownership. It is important for individuals involved in a quiet title action in South Carolina to consult with an attorney to navigate the legal complexities and ensure compliance with all relevant state laws and procedures.