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 Virginia, 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, known as the plaintiff, to seek a court judgment confirming their title to the property and eliminating any challenges or claims to the title by other parties, known as defendants. The purpose of a quiet title action is to 'quiet' any competing claims, ensuring that the plaintiff has clear and uncontested ownership. Virginia's statutes provide the framework for these actions, which can be found under the Virginia Code. The process involves filing a complaint in the appropriate circuit court, serving all interested parties, and presenting evidence to support the plaintiff's claim to the title. If successful, the court will issue a decree that establishes the plaintiff's title to the property and prevents the defendants from asserting any future claims against it. It's important to note that the specifics of the process and the required evidence can vary, and an attorney with experience in real estate law would be able to provide detailed guidance based on the unique circumstances of each case.