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 Louisiana, the equivalent of a trespass to try title action is known as a 'Petitory Action' or an 'Action to Quiet Title.' This type of legal action is used when a plaintiff, who claims to have ownership of a property, seeks to establish their title against another individual who also claims an interest in the same property. The goal of the action is to resolve disputes over property ownership and to 'quiet' any challenges or claims to the title. Louisiana's civil law system, which is distinct from the common law systems in other states, governs these actions. The relevant statutes can be found in the Louisiana Civil Code, and the procedures for these actions are outlined in the Louisiana Code of Civil Procedure. A successful Petitory Action results in a judicial determination that recognizes the plaintiff's title to the property, thereby precluding the defendant from asserting a claim to the property in the future. It is important for individuals involved in such disputes to consult with an attorney who is knowledgeable in Louisiana property law to navigate the specifics of these legal proceedings.