A trespass to try title action—sometimes known as an action to quiet title—is a lawsuit against a party who claims an interest in a piece of real property (land).
In a trespass to try title action, the plaintiff seeks to establish the plaintiff’s title (ownership interest) in the land by forcing the adverse claimant (the defendant) to establish or prove an interest in the land or be forever estopped (precluded) from asserting an interest in the land. The resolution of such a lawsuit is designed to settle or quiet a disputed claim to title or ownership of the land.
Laws regarding claims for trespass to try title vary from state to state and may be located in a state’s statutes or in its court opinions (common law or case law). The terms used for such a claim may also vary and in some states there may be a distinction between a trespass to try title claim and a quiet title claim—or a quiet title claim may be treated as an informal reference to a trespass to try title claim.
In Alaska, an action to quiet title, which is similar to a trespass to try title action, is a legal proceeding used to establish or settle an individual's claim to real property against anyone else who might have a competing claim. This type of lawsuit is typically filed by someone who believes they have ownership of a property and seeks to resolve any disputes or challenges to their title. The plaintiff asks the court to issue a judgment confirming their title and eliminating any adverse claims. Alaska's statutes provide the framework for these actions, which can be found under Alaska Statute Title 09.45. The process involves filing a complaint in the appropriate court, serving notice to any adverse claimants, and presenting evidence to support the plaintiff's claim to the title. If the adverse claimants fail to provide a valid claim or interest in the property, the court may issue a judgment in favor of the plaintiff, thereby 'quieting' any challenges to the title. It's important to note that while the terms and procedures may vary by state, the underlying purpose of resolving disputes over property ownership is consistent.