Quiet Title Action

A quiet title action is a lawsuit that settles competing claims to land. The BLM Glossary of Surveying and Mapping Terms explains that in an "action to quiet title," the word "quiet" means "to pacify; to render secure or unassailable by the removal of unsettling causes or disputes. Under this proceeding, the plaintiff's title to land is established by bringing into court an adverse claimant and there compelling him either to establish his claim or be forever estopped from asserting it."

State quiet title statutes

Quiet title suits between private parties are governed by state law, and the procedure differs from state to state. Two examples:

• Nevada. NRS 40.010: "An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim."
• Arizona. A.R.S. 12-1101(A) allows an action "by any one having or claiming an interest therein, whether in or out of possession," against any person or the state claiming an adverse interest. Under A.R.S. 12-1102 the complaint must be under oath, describe the premises, and pray that the defendant "be barred and forever estopped from having or claiming any right or title to the premises adverse to plaintiff." A.R.S. 12-1103(B) rewards a plaintiff who first asked the adverse party for a quitclaim deed (see Quitclaim Deed).

Suits against the United States

The federal Quiet Title Act, 28 U.S.C. 2409a, allows the United States to be named "as a party defendant in a civil action under this section to adjudicate a disputed title to real property in which the United States claims an interest, other than a security interest or water rights." Its terms are strict:

• The complaint must "set forth with particularity the nature of the right, title, or interest which the plaintiff claims," how it was acquired, and the interest claimed by the United States (subsection (d)).
• The case is "tried by the court without a jury" (subsection (f)).
• Except for a state, an action is barred "unless it is commenced within twelve years of the date upon which it accrued," which is when "the plaintiff or his predecessor in interest knew or should have known of the claim of the United States" (subsection (g)).
• The United States keeps possession while the case is pending, and even if it loses may elect to keep the land by paying just compensation (subsection (b)).

Title against the government

The BLM glossary notes that "Possession of land does not operate adversely against the United States or a State. Title to Government land cannot be acquired by adverse possession."

Why it matters in mineral title research

• A quiet title judgment is a link in the chain of title (see Chain of Title). By the glossary definition it estops the adverse claimant who was brought into court, so who was named, and who was not, has to be read from the court record.
• Where the United States claims the minerals, the twelve-year limit in 28 U.S.C. 2409a(g) runs from when the claimant or a predecessor knew or should have known of the federal claim.