As the name implies, a "quiet title" is a lawsuit that quiets dispute over a contested property title. That way, no one besides the rightful owner of the title to real property can make a claim against that property.
For instance, if another party is occupying the land other than the rightful owner of the property's title, a quiet title can help the plaintiff recover possession of that property from the unlawful or trespassing defendant.
As a result, a quiet title is a form of "preventive adjudication," a form of legal action intended to prevent further harm. As such, a quiet title is sometimes referred to as an "ejectment action," "try title," or "trespass to try title."
Though it may sound simple, a quiet title lawsuit is complicated and requires great familiarity with real estate law in order for the lawsuit to be beneficial to a property owner. The court will conduct an evidentiary hearing to establish whether a quiet title should be granted.
Through an in-depth discovery process, the plaintiff must prove specific facts that show an instrument clouds their title in some way or is invalid. That process can be a tough task without an experienced real estate attorney on your side. That's why you need attorney Dan Carlton.