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 Utah, 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 (the plaintiff) to seek a court judgment confirming their title to the property, thereby 'quieting' any challenges or claims to the title by others (the defendants). The process involves filing a complaint in the district court where the property is located, serving the complaint on the interested parties, and presenting evidence to support the plaintiff's claim of ownership. If successful, the court will issue a judgment that clarifies the property's title, effectively eliminating the adverse claims. Utah's quiet title actions are governed by state statutes, which can be found in the Utah Code, and by case law developed through court decisions. It is important for individuals involved in a quiet title action to consult with an attorney to navigate the specific legal requirements and procedures in Utah.