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 Delaware, an action to quiet title, which may be similar to what is known in some jurisdictions as a trespass to try title action, is a legal proceeding used to establish or settle an individual's claim to real property against anyone and everyone, and thus 'quiet' any challenges or claims to the title. This type of action is governed by Delaware statutes under Title 10, Chapter 65 of the Delaware Code. The plaintiff in a quiet title action seeks a court judgment confirming their title to the property and eliminating any adverse claims that cast a shadow on the plaintiff's title. This process involves a legal complaint filed in the Court of Chancery, which has jurisdiction over such matters. The action may involve disputes over boundary lines, issues of adverse possession, or challenges to the validity of a deed, among other title issues. The resolution of a quiet title action results in a clear and marketable title to the property in question, free from any competing claims.