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Quiet title information


An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.

This legal action is "brought to remove a cloud on the title" so that plaintiff and those in privity with them may forever be free of claims against the property.[1] The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment.[2]

This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant."[3] However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure. [citation needed] Nonetheless, in some states, all terms are used synonymously.

  1. ^ Ballentine's Law Dictionary, p. 452.
  2. ^ Bray, Samuel L. (2010). "Preventive Adjudication". University of Chicago Law Review. 77: 1275. SSRN 1483859.
  3. ^ Answers.com.

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