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 Iowa, an action to quiet title, also known as a quiet title action, is the legal process used to resolve disputes over the ownership of real property and establish a party's title to land. This type of lawsuit is brought by an individual who claims to have clear ownership of the property and seeks a court judgment affirming their title, thereby eliminating any challenges or claims by others. Iowa Code Chapter 649 outlines the procedures for commencing a quiet title action. The plaintiff must provide legal description of the property, name all parties with a claimed interest, and state the nature of the claimed interest. The court will then determine the rightful owner of the property. Unlike some other states, Iowa does not typically use the term 'trespass to try title,' but the concept is similar in that the goal is to resolve conflicting claims over land ownership. It's important to note that quiet title actions in Iowa can be complex and may involve various legal issues, so it is advisable to consult with an attorney experienced in real estate law to navigate this process.