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 Illinois, an action to quiet title, also known as a quiet title action, is a legal proceeding used to establish or affirm a party's title to real property and to resolve disputes over ownership. This type of lawsuit is brought to 'quiet' any challenges or claims to the title of the property, thereby providing a clear and undisputed title to the plaintiff. Illinois statutes govern quiet title actions, and these are typically found under the state's property laws. The plaintiff in a quiet title action seeks a court judgment confirming their title and eliminating any adverse interests or claims that the defendants may allege. The process involves filing a complaint in the appropriate county where the property is located, serving all interested parties, and presenting evidence to support the plaintiff's claim of title. If successful, the court will issue a judgment that legally settles the ownership of the property in favor of the plaintiff, and the adverse claimant is barred from asserting an interest in the property in the future. It's important to note that while the terms 'trespass to try title' and 'quiet title' may be used interchangeably in some jurisdictions, in Illinois, the common reference is a quiet title action. Individuals seeking to file such an action or defend against one should consult with an attorney to navigate the specific legal requirements and procedures.