- Find Attorney
An action to quiet title is a lawsuit to establish a plaintiff’s title to land by compelling the adverse claimant to either establish a claim or to be quiet about his/her challenges or claims to the title. An action to quiet title is generally brought in a court having jurisdiction over land disputes. It establishes a party's title to real property against everyone. An action to quiet title is also known as a suit to remove a cloud. Here, cloud refers to any claim for full or partial ownership of the property. The name action to quiet title is derived from the action of "quieting" and solving the disagreement. However, the issue need not be completely cleared under this action.
In Wise v. Massee, 239 Ala. 559 (Ala. 1940), the court observed that “in action to quiet title, a certain, continuous identification of the property is necessary”. Further, in McEndree v. Wilson, 774 F. Supp. 1292 (D. Colo. 1991),the court observed that “an action to quiet title encompassed cases where a private lienor seeks a determination that a tax lien does not exist, has been extinguished, or is inferior in rank”.