What is ACTION TO QUIET TITLE? Definition of ACTION TO QUIET TITLE in Black's Law Dictionary
One in which plaintiff asserts his own estate and declares generally that defendant claims some estate in the land, without defining it, and avers that the claim is without foundation, and calls on defendant to set forth the nature of his claim, so that it may be determined by decree.
It differs from a "suit to remove a cloud," in that plaintiff therein declares on his own title, and also avers the source and nature of defendant's claim, points out its defect, and prays that it may be declared void as a cloud on plaintiff's estate. Manning v. Gregoire, 97 Or. 394, 192 P. 406, 407. The apparent difference between an action to restore a lost instrument and one to quiet title is that, in the former, ordinarily both the titles of plaintiff and defendant are deraigned in the complaint, which must disclose that, notwithstanding an apparent interest of defendant the property belongs to plaintiff ; and in the latter action the complaint need only allege the ultimate fact of plaintiff's interest and defendant's outstanding claim. Nicholson v. Nicholson, 67 Mont. 517, 216 P. 328, 329, 31 A.L.R. 548.
See, also, Slette v. Review Pub. Co., 71 Mont. 518, 230 P. 580, 581. It embraces every sort of a claim whereby the plaintiff might be deprived of his property or his title clouded or its value depreciated, or whereby the plaintiff might be incommoded or damnified by assertion of an outstanding title already held or to grow out of the adverse pretension. Bank of American Nat. Trust & Savings Ass'n v. Town of Atherton, 60 Cal.App.2d 268, 140 P.2d 678, 680.
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ASSUMPTION OF RISK
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That's the definition of ACTION TO QUIET TITLE in Black's Law Dictionary - Courtesy of Cekhukum.com.
