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A declaratory judgment action “is not dependent upon proof of a wrong committed by one party against the other.” Radkay v. Confalone, 133 N.H. 294, 296-97 (1990).

“The term ‘cause of action’ means the right to recover and refers to all theories on which relief could be claimed arising out of the same factual transaction in question.” Radkay v. Confalone, 133 N.H. 294, 297 (1990).

In this state, “[t]he legislature has specifically provided that declaratory judgment actions can be brought in superior court by parties faced with adverse claims to an interest in real property.” Radkay v. Confalone, 133 N.H. 294, 297 (1990); see RSA 491:22, I (2010) (“any person claiming a present legal or equitable right or title may maintain a petition [in the superior court] against any person claiming adversely to such right or title to determine the question as between the parties”).

Quiet title petitions essentially seek a declaratory judgment from the court regarding the parties’ land interests.

Petitions for declaratory relief must be liberally construed so as to effectuate the evident purpose of the law.

The term “cause of action” means the right to recover and refers to all theories on which relief could be claimed arising out of the same factual transaction.

Alternatively, Werme had the option to petition for declaratory relief.

ss it is filed within 6 months after the filing of the writ, complaint, or other pleading initiating the action which gives rise to the question____” A declaratory judgment action is a tool to provide parties an opportunity “to determine their legal or equitable rights at an earlier stage than would be possible if the matter were pursued in other established forms of action.” Radkay v. Confalone, 133 N.H. 294, 297 (1990).

Thus, “once a party has exercised the right to recover based upon a particular factual transaction, that party is barred from seeking further recovery, even though the type of remedy or theory of relief may be different.” Radkay v. Confalone, 133 N.H. 294, 298 (1990).

Further, the legislature has specifically provided for petitions to be brought in superior court to resolve disputes between persons claiming an interest in real property.

Co., 109 N.H. 53, 55, 242 A.2d 398, 400 (1968); see Radkay v. Confalone, 133 N.H. 294, 296-97, 575 A.2d 355, 357 (1990).

“The term ‘cause of action’ means the right to recover and refers to all theories on which relief could be claimed arising out of the same factual transaction in question.” Radkay v. Confalone, 133 N.H, 294, 297, 575 A.2d 355, 357 (1990) (citations omitted).

As we recently stated in Radkay v. Confalone, 133 N.H. 294, 298, 575 A.2d 355, 358 (1990), a ruling in a declaratory judgment action does not normally preclude someone from bringing an action for coercive relief based on the same set of facts.