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 Alabama, a trespass to try title action, more commonly referred to as a quiet title action, is a legal proceeding used to establish a party's title to real property, thereby resolving disputes over land ownership. The plaintiff in a quiet title action seeks a court judgment confirming their title to the property and eliminating any adverse claims. Alabama's statutes provide the framework for these actions, which are governed by Title 35 of the Alabama Code, specifically sections 35-6-60 to 35-6-70. These statutes outline the procedures for filing a quiet title action, including the necessary pleadings, notice requirements, and potential defenses. The resolution of a quiet title action in Alabama results in a judicial determination of the rightful owner of the property, which is binding and provides clear title to the plaintiff if successful. This legal remedy is essential for property owners seeking to resolve issues such as boundary disputes, claims of adverse possession, or challenges to the validity of their title.