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 California, an action to quiet title, which is similar to what is known in some jurisdictions as a trespass to try title action, is a legal proceeding used to establish a party's title to real property against anyone and everyone, and thus 'quiet' any challenges or claims to the title. This action is governed by California Code of Civil Procedure sections 760.010 to 764.010. The plaintiff in a quiet title action seeks a court judgment confirming their title and eliminating any adverse claims by others. The process involves filing a complaint in the appropriate county where the property is located, serving the complaint on the adverse parties, and providing public notice of the action. If the adverse claimants fail to establish their claims, the court may enter a judgment that forever bars them from asserting an interest in the property. It's important to note that quiet title actions in California do not guarantee clear title; they merely remove claims that were known at the time of the action. For a comprehensive understanding of the process and implications, consulting with an attorney is advisable.